Call for Urgent Legislative Action in Monsoon Session to Empower Disability Commissioners
A collective of disability rights activists, NGOs, and advocacy groups from across the country has written to Members of Parliament urging immediate legislative amendments to the Rights of Persons with Disabilities Act, 2016. The letter, dated July 19, 2025, highlights critical enforcement gaps in the law that have left millions of persons with disabilities (PwDs) without effective remedies.
Despite the RPwD Act designating Chief Commissioners and State Commissioners for Persons with Disabilities (CCPD and SCPDs) as quasi-judicial authorities, the letter states that these bodies lack binding powers, resulting in widespread non-compliance with their decisions.
“The enforcement architecture under the RPwD Act, 2016 remains toothless,” the letter states, citing that public and private actors often ignore commissioners’ orders without consequence. “PwDs are then left with no choice but to approach High Courts or the Supreme Court – a route that is costly, time-consuming, and inaccessible.”
According to the signatories, the Act’s existing penalty provisions—capped at ₹10,000 for first-time violations and ₹50,000 to ₹5 lakh for subsequent ones—fail to deter institutional violators. The lack of statutory timelines and public reporting further weakens accountability.
The letter calls for four key amendments:
- Civil Court Powers: Amend Sections 77 and 82 to grant CCPD/SCPDs authority to issue binding orders and initiate contempt proceedings.
- Stronger Penalties: Revise Section 89 to allow fines up to ₹1 crore for repeated or institutional violations.
- Timely Redressal: Introduce fixed timelines, such as 90 days, for resolving complaints.
- Mandatory Compliance Reporting: Require annual public reports highlighting departments that fail to implement directives.
The signatories have requested a stakeholder meeting during the Monsoon Session with the Standing Committee on Social Justice and Empowerment, the Minister for Social Justice, and parliamentary leaders to chart a roadmap for reform.
The letter has garnered support from over 45 organisations and individuals, including leading rights groups like the National Centre for Promotion of Employment for Disabled People, Sense India, and the National Platform for the Rights of the Disabled.
“Without enforcement, rights guaranteed under the RPwD Act remain only on paper,” the letter concludes.
This initiative marks a significant step in the ongoing struggle for disability rights in India, aiming to transform a framework of recommendations into one of robust legal accountability.
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