Commissioner for Persons with Disabilities

What is 'Commissioners For Persons With Disability'

A simple, introductory or accessible meaning of the 'term'. This section may establish how the concept is commonly used and its significance.

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

Official Definition of 'Commissioner For Persons With Disability'

This section discusses the 'term' as defined in any authoritative source like legal sources or the highest version of publications issued by the government. Where no such definition is provided, reference can be made to other provisions relating to the term.

'Commissioner For Persons With Disability' as defined in legislation(s)

These include the definition(s) of the term as defined under any act, ordinance, rule, notification, guideline, circular, government order, or any other document published in the gazette.

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.

Legal provision(s) relating to 'Commissioner For Persons With Disability'

These Legal provisions may not define the 'term' but are conceptually relevant for the holistic understanding of the 'term'. These may include a definition of any ancillary/related term, which enhances understanding of the 'term'.

'Commissioner For Persons With Disability' as defined in official document(s)

These include legislative bills, government schemes, SOPs, executive orders, etc. This also includes annual publications dealing with the statistical compilation of data and any other publication of such character by any government department or agency like replies filed by the government in the parliament, information published on government websites and PIB releases.

'Commissioner For Persons With Disability' as defined in official government report(s)

These include the definition(s) of the term as defined under any official government report like the law commission, parliamentary committee report, and any such report by an empowered committee or commission.

Report A

Description of the report and specific pointers onhow the reports deals with the concepts and what are the policy proposals discussed under the report.

'Commissioner For Persons With Disability' as defined in case law(s)

These include judicial dictum related to the term. The case law(s) based definition is also relevant if it reflects the evolution of the term by way of judicial pronouncements.

1. Vaishali Walmik Bagul v. Secretary, Prerna Trust & Others

Case No.: LPA 295 of 2011 with LPA 223 of 2010

Date: January 15, 2013

Court: Bombay High Court (Aurangabad)

Judges: A.H. Joshi and Sunil P. Deshmukh, JJ.

Citation: 2013 (5) Mah LJ 221

Right in Question:

Whether the Disability Commissioner can issue direct appointment orders and whether the principle of audi alteram partem (right to be heard) must be followed in proceedings affecting third parties.

Facts:

Vaishali Bagul, a Scheduled Caste woman, was selected and appointed to a reserved post. A complaint was filed by a person with disability (Respondent No. 4) who had earlier worked temporarily in that position. The Disability Commissioner, without hearing Bagul, passed an order appointing Respondent No. 4, leading to Bagul’s dismissal.

Court’s Reasoning and Verdict:

The Bombay High Court quashed both the Commissioner’s and Single Judge’s orders. The Court clarified that under Sections 61 and 62 of the PwD Act, the Disability Commissioner has recommendatory, not adjudicatory or executive, authority. The Commissioner had violated principles of natural justice by not hearing Bagul before passing an order adversely affecting her employment. The Court also noted that Respondent No. 4’s claim suffered from laches, having waited over nine years to assert his claim.

Significance:

The decision circumscribes the scope of the Commissioner’s powers, reiterating that any intervention must be procedurally fair and within legal bounds. It highlighted the importance of natural justice in disability grievance adjudication.

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2. Geetaben Ratilal Patel v. District Primary Education Officer

Case No.: Civil Appeal No. 9324 of 2012

Date: July 2, 2013

Court: Supreme Court of India

Judges: G.S. Singhvi and Sudhansu Jyoti Mukhopadhaya, JJ.

Citation: (2013) 7 SCC 182; 2013 INSC 418

Right in Question:

Whether the Disability Commissioner has authority to intervene in cases of dismissal from service under Section 62 of the PwD Act, especially when the dismissal concerns disability acquired during service.

Facts:

Geetaben Patel, a teacher, acquired a mental disability post-divorce. Despite her health issues and lack of medical documentation, she was dismissed. She approached the Commissioner for relief, who directed her reinstatement and reasonable accommodation.

Court’s Reasoning and Verdict:

The Supreme Court upheld the Commissioner’s power to entertain such complaints. It held that dismissal during the period of mental disability, without inquiry or accommodation, violated Section 47(1) of the PwD Act and principles of natural justice. The Court ordered her reinstatement, salary arrears from 2008, and identification of suitable duties based on her condition.

Significance:

This ruling establishes the Commissioner’s legal authority to review employment-related grievances involving discrimination or unjust dismissal due to disability. It also emphasizes the constitutional and statutory protections under the disability rights framework.

Types of 'Commissioner For Persons With Disability'

These include any classification of major categories of the term. This can include regional variations and instances of interchangeable usage.

The classification may also relate to

Slight differences and nuances in the concepteditedit source

Variations/ multiple meanings in terms of usage in research and per civil society.editedit source

Functional variations across regions/states/High Courtseditedit source

Use of different Nomenclature across regions/states/High Courteditedit source

These classifications/variations can also be represented in a tabulated format.

sample table

	C1	C2	C3
r1
r2
r3

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.

International Experience

This entails a comparative viewpoint of the conceptual framework of the term.

This section seeks to explore

Appearance of 'term' in Database

This section seeks to explore

• How is this concept invoked in official databases and in what ways it appears in such databases and tracking systems?
• Which apex departments and agencies are the relevant data creators and what method do they follow to collate the present judicial data? The description should cover the data field, methodology, variables and other such indicators. Apart from the description, pointers like coding of units, and abbreviation are relevant for this section. Data trends and findings are not relevant to the purpose of this project.

Where possible, this section should include direct links and screenshots

Database A

Official Database maintained by the government on the web or published as a government document.

The uploaded image should carry with it a caption highlighting the data and the source of the image, including the weblink from where it is sourced

Database B

Database maintained by a non-government entity on the web or published as a document.

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 that engages with 'term'

An overview of the research that has been conducted on the concept within the Indian Justice context, by non-government bodies like Academic Institutions, Research Organisations, CSOs, think tanks and other such bodies.

Research Document X

Research Document Y

Research Document Z

The description of the research document should include how the research covers the 'term' and builds the concept by going beyond the official documentation of the concept. Apart from the description of the report, gaps and overlaps existing within the research documents are also relevant to this section.

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.

Challenges

This section seeks to discuss issues and challenges relating to data, process, and implementation that stand in the way of analysis of the 'term'.

This may include information relating to

• Transparency, accessibility, and reliability of data.
• Standardisation and harmonisation of data.
• Implementation status of processes relating to the 'term' and nature of such barriers.

Way Ahead

This includes suggestions that have been put forward by senior judges, stakeholders, academics and research organisations.

The suggestions may relate to

• improving data collection
• enabling systemic analysis
• process efficiency

Related terms

Comparable, synonymous, and umbrella terms as used in the Indian context.