Morung Express News
Dimapur | July 22
Despite a recent status report in the Supreme Court informing that Nagaland is yet comply with five provisions under the Rights of Persons with Disabilities (RPwD) Act, 2016, the State has made further progress in implementing the Act.
The status report discussed in the Apex Court on July 17, however, was as of May 11, 2023.
Nagaland since then has further complied with three more provisions while the status of one is unclear.
Among others, the State has designated District Education Officers (DEOs) as Nodal Officers for ensuring implementation of provisions under as per Sections 16, 17 and 31 of the RPwD Act 20l6 and the Nagaland RPwD (NRPwD) Rules (2017.
A notification from Principal Director Directorate of School Education Thavaseelan K on July 10 informed that the DEOs have been designated was Nodal Officers with ‘immediate effect.’
Meanwhile, Nagaland has also designated District & Session Court in each districts of the State as the designated/competent authority to grant the support of limited guardianship to PwDs to “take a legally binding decision on his/her behalf” as per Section 14 of the RPwD Act.
“All related sections falling under Chapter III of ‘The Nagaland Rights of Persons with Disabilities Rules 2019' shall hereby be complied with stringently,’ stated a notification from the Social Welfare Department (SWD), Nagaland on June 5.
Another notification from the SWD on July 4 informed that the Committee for Research on Disability as per Section 6 (2) (ii) of the RPwD Act has been constituted for Nagaland.
The eight-member committee is headed by Dean, Nagaland Institute of Medical Sciences & Research, Kohima as Ex-Officio Chairperson, along with Director, Health & Family Welfare as the Ex-Officio Member and Nodal Officer (Disability) Directorate of Social Welfare as the Ex-Officio Member Secretary
The rest (5) are nominated members, appointed for a period of three years from the date on which they enter upon office, and eligible for re-nomination for one more term.
“Subject experts may be invited by the Chairperson at any given meeting to give expert inputs on specific matters,” the notification said.
Prior permission of this Committee is required for conduct of any research involving a PwD as a subject of the research as per Rule 6 of the NRPwD Rules 2019, it added.
Meanwhile, regarding the appointment of the Public Prosecutor (PP) as per Section 85 of the Act, the status is unclear.
While an October 11, 2019 notification from the State’s Department of Justice and Law informed that all PPs, Additional and Assistant PPs in Nagaland are designated as Special Prosecutor under Section 85(1) of the RPwD Act, 2016, the State was shown to be not in compliance in the status report submitted to the Supreme Court.
Nagaland is yet to create not created State fund for PwDs as per Section 88 of RPwDs Act, and it also included in States/Union Territories without separate departments for PwDs as per the the status report.
Meanwhile, commenting on the status report, the three- judge Bench of the Supreme Court led by Chief Justice of India, DY Chandrachud on July 17 observed that “status of implementation of the legislation indicates a dismal position across the country.”
Accordingly, the Division Bench directed the State Governments to ensure compliance with the provisions of the Act so as to expeditiously rectify the deficiencies noted in the affidavit filed by the Union Government expeditiously on or before September 30, 2023.
The Bench, hearing a petition about the enforcement of the rights of PwDs by implementing the Act 2016, listed the matter for further hearing on September 18.
