Ensuring Rights for Persons with Disabilities: A Call for Accountability
In a landmark move towards ensuring the rights of persons with disabilities, the Court of Chief Commissioner for Persons with Disabilities (Divyangjan) has issued a notice, invoking sections 75 and 77 of the Rights of Persons with Disabilities Act, 2016. This notice, dated 29/05/2024, is directed to the Secretary of the Ministry of Communications, Department of Posts, New Delhi.
The notice pertains to a complaint lodged on 01-05-2024 by Mr. Notu Eswar Reddy, a person with 44% Locomotor Disability, regarding the denial of reservation in promotion. It underscores the fundamental principles enshrined in the Rights of Persons with Disabilities Act, 2016, emphasizing equality, dignity, non-discrimination, and provision of appropriate environments and accommodations for persons with disabilities.
Key provisions highlighted in the notice include:
Section 3 of the Act: Mandating the government to ensure equality, dignity, and respect for the integrity of persons with disabilities, and to provide appropriate environments and reasonable accommodations.
Section 21 of the Act: Requiring every establishment to notify an Equal Opportunity Policy and register the same with the Chief Commissioner.
Section 23 of the Act: Making it mandatory for government establishments to appoint a Grievance Redressal Officer and inform the Chief Commissioner about such appointment.
Section 75(1)(a) of the Act: Empowering the Chief Commissioner to identify inconsistencies with the Act and recommend corrective measures, and to address complaints concerning the deprivation of rights of persons with disabilities.
The notice directs the Ministry of Communications, Department of Posts, to submit comments on the complaint within 30 days, supported by an affidavit signed by an officer not below the level of Group ‘A’. It emphasizes the importance of complying with statutory provisions and government instructions, including Sections 20 and 34 of the Act, and relevant Office Memorandums.
Furthermore, it mandates the forwarding of the reply to the complainant, Mr. Notu Eswar Reddy, and encourages the provision of additional inputs relevant to the case. The notice underscores the necessity of citing statutory provisions, court judgments, rules, Office Memorandums, or bye-laws relied upon, along with the submission of supporting documents.
In conclusion, the notice serves as a crucial step towards accountability and justice for persons with disabilities, urging government establishments to uphold their legal obligations and ensure the effective implementation of disability rights legislation.
