Accessibility – Supreme Court Urges Centre to Carefully Frame Disability Rules
Accessibility – The Supreme Court has called on the Union government to conduct a detailed review of recommendations from experts and stakeholders before finalising the rules related to accessibility under the Rights of Persons with Disabilities Act, 2016.
The Supreme Court on Wednesday directed the Central government to thoroughly examine every significant recommendation submitted by experts, disability rights advocates, and litigants before issuing the final rules under Section 40 of the Rights of Persons with Disabilities (RPwD) Act, 2016. The court stressed that the rules should fully support the purpose of the legislation by ensuring effective accessibility standards for persons with disabilities across the country.
Court Emphasises Comprehensive Review
The observations came during the hearing of a petition filed by Rajiv Raturi, who sought stronger implementation of accessibility norms for persons with disabilities. The matter was heard by a Bench comprising Justices JB Pardiwala and KV Viswanathan.
During the proceedings, the Bench observed that the Union government should not face any difficulty in preparing rules that are complete, effective, and aligned with the objectives of the RPwD Act. The judges underlined that every relevant suggestion deserves careful consideration so that the final framework does not leave any important gaps in accessibility measures.
States Directed to Fill Commissioner Vacancies
Apart from the rule-making process, the Supreme Court also addressed the issue of vacant posts under the disability rights framework. The Bench instructed all state governments to appoint Commissioners for Persons with Disabilities in accordance with Section 79 of the RPwD Act.
The court ordered that these appointments must be completed within four weeks. It noted that the presence of duly appointed commissioners is essential for ensuring proper implementation of the law and protecting the rights of persons with disabilities at the state level.
Centre Asked to Appoint Chief Commissioner
The Bench further expressed concern over the prolonged vacancy in the office of the Chief Commissioner for Persons with Disabilities. According to the court, the post has remained without a full-time appointee since 2019, with the Secretary of the Department of Empowerment of Persons with Disabilities currently handling the responsibilities as an additional charge.
To address the issue, the Supreme Court directed the Union government to appoint a full-time Chief Commissioner along with two Additional Commissioners under Section 74 of the RPwD Act within four weeks. The matter will be reviewed again after the government formally notifies the new rules.
Supreme Court Clarifies Air Force Resignation Rules
In another important judgment delivered on Wednesday, the Supreme Court ruled that personnel serving in the Indian Air Force cannot resign from service solely at their own discretion to accept civilian employment.
A separate Bench comprising Justices Ujjal Bhuyan and Atul S. Chandurkar stated that obtaining prior approval before leaving service is a mandatory requirement under the applicable Air Force regulations. The judges clarified that this condition is not a mere procedural formality that can be overlooked.
The ruling reinforces the legal framework governing military service and confirms that Air Force personnel must comply with the prescribed rules before seeking employment in civil positions.