Right of Person with Disabilities Act: Madras HC Directs State to Notify Rules

February 12, 2018

Case name: Foundation for Rights of Young Child (Foryouchild) v. The State of Tamil Nadu & Anr.

Date of Judgment: January 29, 2018

In this case, the Petitioner prayed for issuance of a writ of mandamus directing the first respondent to frame the Rights of Persons with Disabilities Act, 2016 Rules and notify it in the Tamil Nadu Government Gazette.

The aforesaid prayer was made by the Petitioner organization in view of Section 101 of Right of Persons with Disabilities Act 2016 which states that the State Government shall make rules for carrying out the provisions of the Act, not later than six months from the date of commencement of this Act.

Section 101 of the Act: The Madras High Court observed that the legal provision contained in Section 101 of the said Act casts an obligation on the State Government to make Rules within six months. The Court opined that the time stipulation in Section 101 of the said Act was directory and not mandatory.  The Court further stated that in the absence of any prescription in the said Act of the consequences of failure to adhere to the time schedule for publication of Rules, delay in publication of the Rules would not render the Rules invalid.  It was also observed that the intention of the Parliament could not have been that for delay in making the Rules for carrying out the provisions of the Act, the Act itself could be rendered otiose.

The Court in the case now directed the State Government to notify the Rules positively within two months.

Right of Persons with Disabilities Act, 2016

The Act was notified by the Government in 2016 to ratify the United Nations Convention on the Rights of Persons with Disabilities adopted by the UN on 13th day of December, 2006.

The aforesaid Convention lays down the following principles for empowerment of persons with disabilities,—

  • respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;
  • non-discrimination;
  • full and effective participation and inclusion in society;
  • respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;
  • equality of opportunity;
  • accessibility;
  • equality between men and women;
  • respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities;

 

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Shilpi Sharan

- Shilpi Sharan is the Editor at Vakilno1.com - an Advocate with extensive knowledge in myriad fields of Law. She has a flair of writing and has legal publications in national and international law magazines to her credit. She focuses on legal research and aims at raising public awareness of laws in India.