Lok Sabha Question No. 5775 (UNSTARRED), answered on 2018-04-03
Subject: Rights of Persons with Disabilities Act, 2016
Ministry: SOCIAL JUSTICE AND EMPOWERMENT
Asked by: RAKESH SINGH

## GOVERNMENT OF INIDA

## MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES (DIVYANGJAN)

## LOK SABHA

UNSTARRED QUESTION NO.5775 TO BE ANSWERED ON 03.04.2018

Rights of Persons with Disabilities Act, 2016

## 5775. SHRI RAKESH SINGH:

## Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:

- (a) whether the Government has taken cognizance of the complaints regarding non-implementation of the Rights of Persons with Disabilities Act; 2016 in some States;
- (b) if so, the details thereof; Statewise;
- (c) whether non-enforcement of the said law by the State Governments are depriving the disabled from getting the benefits of reservation;
- d if s0, the details thereof; and
- (e) whether the Government has taken any corrective steps in this regard and if the details thereof? SO,

## ANSWER

## MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT

## (SHRI KRISHANPAL GURJAR)

- (a) (b) The Rights of Persons with Disabilities Act, 2016 (the RPwD Act; 2016) came into force on 19.04.2017. As per information received from the Office of Chief Commissioner for Persons with Disabilities; during the year 2017-18, the status of implementation of the Act has been reviewed in 12 States/UTs, namely, West  Bengal, Rajasthan, Odisha; Delhi, Andhra Pradesh and Jharkhand. These States/UTs have started implementation of the said Act: However; few complaints   have been   received in provisions of the above Act. Since the State Commissioners for Persons with Disabilities are empowered to monitor implementation of provisions of the above Act, the complainants/individuals have been advised to pursue their grievance with the Office of the respective State Commissioners.
- (c) & (d) Section 34 of the RPwD Act; 2016   provides reservation of at least four per cent in vacancies in Government   establishments for  persons with disabilities. The State   Governments are to  issue appropriate instructions for implementation of this provision by their establishments; Similarly; Section 32 of the Act provides for reservation of not less than five per cent seats for students with benchmark disabilities in Government/Government aided   higher educational institutions and Section  37 of the Act  provides   for reservation of five   percent   for  persons with benchmark disabilities in various schemes and development programmes It is for the States/UTs to issue appropriate instructions for implementation of the Act: Non-issuance of instructions by the States/UTs could delay implementation of these provisions thereby affecting benefits to persons with benchmark disabilities. required special
- Since the enactment of the RPwD Act; 2016,the Central Government has been pursuing the matter with the States UTs for its effective implementation: Regional conferences were held during May-June 2017 in Mumbai (Western Region), Chennai (Southern Region) , Chandigarh (Northern Region) : Bhopal (Central Region ) and Delhi (Eastern & North Eastern Region) to sensitize States/UTs about timely implementation of the Act: Further; Hon'ble Minister has also written to Chief Minister of all the States/UTs o 16/01/2018 requesting them to take immediate steps for effective implementation of the provisions of the Act