Commissioner for Persons with Disabilities

1. What is the Commissioner for Persons with Disabilities?

The Commissioner for Persons with Disabilities is a statutory authority established under the Rights of Persons with Disabilities Act, 2016 (RPwD Act) in India to safeguard and promote the rights of persons with disabilities. It is a special advisory body for Persons with Disabilities (PWDs) established by the Ministry of Social Justice and Empowerment (MSJE). It functions at both central and state levels to ensure implementation of the RPwD Act, address grievances, and create awareness about disability rights. The design of Section 76 of the RPWD, 2016 is such that CCPD orders are only recommendatory and not binding. In other words, unlike civil courts, decisions of the CCPD cannot be enforced in a civil or other appellate court for non-compliance. Despite this, the office of the CCPD offers a critical alternative to formal courts to address the grievances of PWDs, as cases can be argued without the presence of a lawyer, and with relatively simpler procedures

2. Official Definition of the Commissioner for Persons with Disabilities

The RPwD Act, 2016, specifically defines the role of the CPD in Chapter XII (Sections 74–83).

Chief Commissioner: Appointed by the Central Government to oversee the implementation of the Act nationwide.

State Commissioners: Appointed by State Governments to perform similar functions at the state level.

The Act elaborates on their duties to monitor policies, address complaints, and submit annual reports.

3. Types of Commissioners for Persons with Disabilities

Chief Commissioner for Persons with Disabilities.

Chapter XII of the Rights of Persons with Disabilities Act, 2016, outlines the framework for appointing and functioning of the Chief Commissioner and State Commissioners for Persons with Disabilities. The Chief Commissioner is appointed by the Central Government to oversee the implementation of the Act, with the assistance of two Commissioners, one of whom must be a person with a disability. The appointees must possess special knowledge or practical experience in rehabilitation matters. Their salaries, allowances, and service conditions, including retirement benefits, are determined by the Central Government. Additionally, the Chief Commissioner is supported by a team of officers and employees and advised by a committee of up to 11 experts from various disability sectors.

The Chief Commissioner’s functions include identifying and rectifying inconsistencies in laws, policies, and programs that affect the rights of persons with disabilities. They are empowered to investigate rights violations, review safeguards under the Act and other laws, and address factors inhibiting the enjoyment of these rights. The Chief Commissioner also studies international treaties on disability rights, promotes research, and raises awareness about disability-related issues. Monitoring the implementation of the Act, related schemes, and the utilization of government funds for disability programs is also a key responsibility. Authorities receiving recommendations from the Chief Commissioner are required to act within three months, or, if rejecting the recommendations, provide reasons for the same to the Chief Commissioner and the aggrieved person.

To facilitate these duties, the Chief Commissioner is vested with the powers of a civil court under the Code of Civil Procedure, for summoning witnesses, requiring document production, and other judicial functions. Proceedings before the Chief Commissioner are deemed judicial and carry the authority of a civil court under specific provisions of the Indian Penal Code and the Code of Criminal Procedure.

The Chief Commissioner is also mandated to submit annual and special reports to the Central Government, highlighting urgent or significant issues. These reports are tabled in both Houses of Parliament, accompanied by a memorandum of the actions taken or proposed, along with reasons for any non-acceptance of recommendations. This structure ensures accountability, advocacy, and effective redressal mechanisms for protecting the rights of persons with disabilities.

State Commissioner for Persons with Disabilities

The State Government may appoint a State Commissioner for Persons with Disabilities (State Commissioner) through notification to implement the provisions of this Act. The individual appointed as the State Commissioner must possess special knowledge or practical experience in matters related to rehabilitation. The salary, allowances, and other service conditions, including retirement benefits, of the State Commissioner shall be prescribed by the State Government. The State Government will also decide the nature and categories of officers and employees required to assist the State Commissioner and provide them accordingly. These officers and employees shall function under the general superintendence and control of the State Commissioner, and their salaries, allowances, and other service conditions will be determined by the State Government. An advisory committee, comprising up to five experts in the disability sector, will assist the State Commissioner as prescribed by the State Government.

The functions of the State Commissioner include identifying and recommending corrective measures for any laws, policies, or procedures inconsistent with this Act; inquiring into rights deprivations of persons with disabilities and taking up such matters with appropriate authorities; reviewing safeguards under this Act or other laws and suggesting measures for effective implementation; examining factors inhibiting rights enjoyment and proposing remedies; undertaking and promoting research in disability rights; raising awareness about disability rights and safeguards; monitoring the implementation of provisions of this Act and schemes for persons with disabilities; overseeing the utilization of funds disbursed by the State Government for their benefit; and performing any other functions assigned by the State Government.

Authorities receiving recommendations from the State Commissioner under clause (b) of Section 80 must take necessary action and inform the State Commissioner within three months. If a recommendation is not accepted, the authority must provide reasons to the State Commissioner and notify the aggrieved person. The State Commissioner has the powers of a civil court under the Code of Civil Procedure, 1908, to summon and enforce witness attendance, require document discovery and production, requisition public records, receive evidence via affidavits, and issue commissions for examining witnesses or documents. Proceedings before the State Commissioner are deemed judicial proceedings and are recognized as a civil court.

The State Commissioner must submit an annual report to the State Government and may submit special reports on urgent or important matters. The State Government shall present these reports to the State Legislature, accompanied by a memorandum detailing the actions taken or proposed and reasons for non-acceptance of recommendations, if any. The format, manner, and details of the annual and special reports shall be as prescribed by the State Government.

The Table of State Commissioners for Persons with Disabilities has been uploaded and can be accessed here.

Official database

The Office of Chief Commissioner for Persons with Disabilities releases annual reports. The report last released pertains to the annual year 2021-22. The 2021-2022 Annual Report highlights the implementation of the RPwD Act. It details the roles of the CCPD and State Commissioners in monitoring, grievance redressal, and policy implementation, including enforcement of legal safeguards and awareness initiatives. The report provides updates from various ministries on accessibility adaptations, schemes like Saksham and Samagra Shiksha, employment support, and infrastructure improvements such as ramps, accessible toilets, and assistive technologies. It emphasizes special grievance mechanisms, fund allocations, and state-specific implementations, reflecting a comprehensive effort to enhance inclusivity, enforce rights, and support persons with disabilities across sectors.

Parliamentary Responses

Rajya Sabha : On vacancy of the post of CCPD

The post of Chief Commissioner for Persons with Disabilities has been vacant since 27.12.2014, when Shri P.K. Pincha completed his term. Until the position is filled, the charge has been assigned to the Secretary, Department of Empowerment of Persons with Disabilities. The position is responsible for addressing complaints regarding the deprivation of rights of persons with disabilities, ensuring the implementation of laws, rules, and executive orders related to disability welfare, and upholding the provisions of the Persons with Disabilities Rules, 1996. The vacancy has impacted the resolution of cases brought forward to the office. A significant number of cases remain unresolved.

Image 1.1.Statement indicating the cases brought forward, received and disposed off during the last two years

Table containing status of the cases can be found in the right hand corner.

Lok Sabha

The Lok Sabha highlights the activities of the CCPD between 2020 and 2023 under the RPwD Act, 2016. It provides ministry-wise and year-wise details of recommendations made to Central Government ministries, focusing on compliance and challenges.

Research

The report, published by Pacta, analyzes the 2023 orders of the CCPD under the RPwD Act, 2016, focusing on access to justice for persons with disabilities. With 83.24% of cases filed by PwDs themselves, the study reveals a high concentration of complaints related to employment and livelihood (66.2%), followed by the denial of rights (19.6%) and education (7.8%). Regional disparities in case filings are evident, with states like Delhi and Uttar Pradesh reporting the highest numbers, while the Northeast remains underrepresented. Gender dynamics indicate male dominance in complaints (84.8%), with only 13.5% filed by women. The report highlights systemic barriers, including inaccessible infrastructure and administrative delays, exacerbating the challenges faced by PwDs. Recommendations include ensuring machine-readable and language-consistent judgments, promoting female participation, and addressing regional inequities to enhance the inclusivity of CCPD processes.