Case Note & Summary
The Supreme Court addressed the implementation of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, specifically Section 43, which mandates preferential allotment of land for persons with disabilities. The petitioner, through Public Interest Litigation, alleged that many State Governments had not fully implemented this provision despite the Act coming into force on 7th February 1996. The Court noted that while some States admitted to partial implementation, others, like Arunachal Pradesh, acknowledged non-implementation. The Court found that the benefits provided under Section 43 were marginal and that no State had formulated specific schemes for the preferential allotment of land. Consequently, the Court directed that when allotting land for the purposes outlined in Section 43, State Governments and local authorities must give preferential treatment to disabled persons at concessional rates. The Court also emphasized that the percentage of reservation should be determined by the State Governments while considering the total percentage of disabled persons. Furthermore, the Court reiterated the need for appointing Chief Commissioners to address complaints regarding the deprivation of rights of persons with disabilities, allowing individuals to lodge complaints if benefits were not extended as per the Act. The writ petition was disposed of with these directions.
Headnote
A) Disability Rights - Implementation of Section 43 - Obligation of State Governments - The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 43 - Court directed State Governments to ensure preferential allotment of land at concessional rates for persons with disabilities, highlighting inadequate implementation by various States. Held that preferential treatment must be given to disabled persons when allotting land for purposes specified in Section 43 (Paras 2-3).
Issue of Consideration
Whether State Governments have implemented Section 43 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Final Decision
The Court directed State Governments to ensure preferential allotment of land for persons with disabilities at concessional rates, emphasizing the need for specific schemes and the appointment of Chief Commissioners to address complaints.
Law Points
- Implementation of statutory provisions
- preferential allotment of land
- rights of persons with disabilities
