JUSTICE SUNANDA BHANDARE FOUNDATION versus UNION OF INDIA AND ANOTHER

Citation: [2017] 3 S.C.R. 723 · Decided: 25-04-2017 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Hearing Adjourned
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Judgment (excerpt)

[2017] 3 S.C.R. 723 
HJSTICE SUNANDA BHANDARE FOUNDATION 
A 
v. 
UNION OF INDIA AND ANOTHER 
(I.A. No.JO of2015) 
In 
(Writ Petition (Civil) No. 116of1998) 
APRIL 25, 2017 
[DIPAK MISRA, A. M. KHANWILKAR AND 
MOHAN M. SHANTANAGOUDAR, JJ.] 
Right of Persons with Disabilities Act, 2016 - Persons with 
Disabilities (Equal Opportunities, Protection of Rights and Full 
Participation) Act, 1995 - Issuance of directions by this Court in 
*Justice Sunanda Bhandare Foundation vs Union of India to State 
'Governments and Union Territories to implement the provisions of 
the 1995 Act-Filing of IA to issue directions to Central Government, 
State Government and Union Territories to comply with the said 
;udgment - Compliance report filed, however, compliance not 
complete - Parliament, realizing the national need of the rights of 
the persons under disability and commitment to the Convention of 
the United Nations General Assembly, repealed the 1995 Act and 
brought in 2016 Act- 2016 Act visualizes sea change and conceives 
of actualization of the benefits engrafted under the said Act -
Conferment of more rights on the disabled persons, more categories 
added, and access to justice, free education, role of local authorities, 
National fund and State fund jot persons with disabilities created -
In given circumstances, mandatory to scan the anatomy of significant 
provisions of the Act and see that they are implemented - State 
Governments and· Union Territories to comply with the requirements 
of the 2016 Act and file the compliance report within the stipulated 
time. 
Ad.iourning the matter, the Court 
HELD: 1.1 The Parliament, realizing the national need of 
the rights of the persons under disability and commitment to the 
Convention of the United Nations General Assembly, repealed 
the Persons with Disabilities (Equal Opportunities, Protection of 
Rights and Full Participation) Act, 1995 and brought in The Rights 
of Persons with Disabilities Act, 2016. The said 2016 Act has 
723 
B 
c 
D 
E 
F 
G 
H 
724 
A 
B 
c 
D 
E 
F 
G 
II-. 
SUPREME COURT REPORTS 
[2017] 3 S.C.R. 
been brought ,into existence to give effect to the United Nation 
Convention on the Rights of Persons with Disabilities and for 
matters connected therewith or incidental thereto. The 2016 Act 
visualizes a sea change and conceives of actualization of the 
benefits engrafted under the said Act. The whole grammar of 
benefit has been changed for the better, and responsibilities of 
many have been encompassed. In such a situation, it becomes 
obligatory to scan the anatomy of significant provisions of the 
Act and see that the same are implemented. The laudable policy 
inherent within the framework of the legislation should be 
implemented and not become a distant dream. Immediacy of action 
is the warrant. [Paras 8, 9](739-E-F; 740-F-G] 
1.2 The 2016 Act has been enacted and it has many salient 
features. More rights have been confened on the disabled 
persons and more categories have been added. That apart, access 
to justice, free education, role of local authorities, National fund 
and the State fund for persons with disabilities have been created. 
The 2016 Act is noticeably a sea change in the perception and 
requires a march forward look with regard to the persons with 
disabilities and the role of the States, local authorities, educational 
institutions and the companies. Emphasis is there on the special 
court, speedy trial and special public prosecutor. The statute 
operates in a broad spectrum and the stress is laid to protect the 
rights and provide punishment for their violation. [Para 23] (746-
F-H] 
1.3 Regard being had to the change in core aspects, the 
States and the Union Territories are directed to file compliance 
report keeping in view the provisions of the 2016 Act within the 
stipulated period. The States and the Union Territories must 
realize that under the 2016 Act their responsibilities have grown 
and they are required to actualize the purpose of the Act, for 
there is an accent on many a sphere with r~gard to the rights of 
the disabilities. When the law is so concerned for the disabled 
persons and makes provision, it is the obligation of the law 
executing authorities to give effect to the same in quite 
promptitude. The steps taken in this regard would be concretely 
stated in the compliance report within the time stipulated. When 
the States are directed, a duty is cast also on the States and its 
JUSTICE SUNANDA BHANDARE FOUND
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