In the Supreme Court of India

March 23, 2023

  Civil Original Jurisdiction Writ Petition (Civil) No. 29329 of 2021 Seema Girija Lal .... Petitioner Versus Union of India and Ors ... Respondents   Affidavit on Behalf of Union of India   I, Rajesh Kumar Yadav, aged 49 years, S/o Sh. R.G. Yadav, working as Joint Secretary in the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India, having my office at CGO Complex, Lodhi Road, New Delhi- 110003, do hereby solemnly affirm and state as under:  

1. I am well conversant with the facts and circumstances of the case as derived from the record of the case and as such I am competent to swear the present affidavit.

 

2. I crave leave of this Hon'ble Court to adduce such other and further necessary documents or submissions.

 

3. The Court directed the following in the last hearing on 13.01.2023:
4. The Union Ministry shall file a counter affidavit within a period of a month dealing with the specific issues which have been raised by the petitioners in regard to the lack of effective implementation of the Rights of Persons with Disabilities Act 2016 by the State Governments. The affidavit shall indicate Statewise, the status of compliance in regard to the matters which are raised in the petition. Within this period, the Ministry shall also convene a meeting with the State government ministries dealing with the implementation of the RPD.
5. In the meantime, we direct the Union Government to convene a meeting of all the concerned Ministries of the State Governments and the State Advisory Boards with a view to eliciting the present status of compliance. The meeting may also consider setting up a dashboard in order to elicit real-time information on the status of implementation of the Rights of Persons with Disabilities Act 2016.

 

4. It is respectfully submitted that in compliance with this order of the Hon'ble Court, an online proforma was developed by the answering respondent for providing information by the States and UTs with respect to measures taken by them in compliance with the provisions of the Act 2016. All States and UTs were requested to fill out the data in the said proforma.

 

5. It is respectfully submitted that subsequently an online meeting was held on 21.02.2023 under the Chairpersonship of Secretary, Department of Empowerment of Persons with Disabilities. Representatives from all the States/UTs were present for the said meeting. The Secretary discussed with all the States and Union Territories and assessed the progress made by these governments with regard to specific issues contained in the petition, i.e., notification of the Rules and constitution of District Level Committee under Sections 101 and 72, respectively, of the RPwD Act 2016. Further, the States/UTs were also requested to furnish data on the online proforma.

 

6. It is respectfully submitted that as per the details received from the States/UTs with regard to specific issues raised by the Petitioner. States of Andhra Pradesh, Chattisgarh, Maharashtra, and Union Territory of Ladakh are yet to notify the Rules. As regards the constitution of the District level Committee, the States of Andhra Pradesh, Kerala, and Union Territories of Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Ladakh, and Lakshadweep are yet to do so.

    Prayer:   In view of the above facts and circumstances of the case, this Hon'ble Court may be pleased to pass appropriate orders as this Court may deem fit.   Date: 23 Mar 2023 Place: New Delhi   [Signature] Rajesh Kumar Yadav Joint Secretary Department of Empowerment of Persons with Disabilities Ministry of Social Justice and Empowerment Government of India CGO Complex, Lodhi Road, New Delhi-110003