Case Note & Summary
The case involved a Public Interest Litigation filed by the petitioner alleging non-implementation of Section 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 by various State Governments and local authorities. The Act, which came into force on 7th February 1996, mandates the formulation of schemes for preferential allotment of land at concessional rates for persons with disabilities for various purposes such as housing, business, and recreation. The Court noted that many States had not fully implemented this provision, with some admitting to complete non-implementation and others indicating only partial compliance. The Court observed that no State had formulated specific schemes or provided substantial benefits as required under the Act. Consequently, the Court directed that whenever land is allotted for the purposes specified in Section 43, preferential treatment must be accorded to persons with disabilities, and the land should be provided at concessional rates. The percentage of reservation for disabled persons was left to the discretion of the State Governments and local authorities, but the total percentage of disabled persons must be considered in this decision. The Court also highlighted the provision for the appointment of a Chief Commissioner to address complaints regarding the deprivation of rights of persons with disabilities, allowing individuals to lodge complaints if benefits are 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 - 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, as mandated by Section 43, due to inadequate implementation reported by various States. Held that preferential treatment must be given to disabled persons in land allotment (Paras Not mentioned).
Issue of Consideration
Whether State Governments and local authorities have implemented Section 43 of the Persons with Disabilities Act, 1995.
Final Decision
The Court directed that State Governments and local authorities must ensure preferential allotment of land at concessional rates for persons with disabilities as per Section 43 of the Act. The percentage of reservation was left to the discretion of the State Governments, with a requirement to consider the total percentage of disabled persons.
Law Points
- Implementation of statutory provisions
- preferential allotment of land
- rights of persons with disabilities
