Landmark Decision: Sikkim Govt To Implement Rights of Persons with Disabilities Act Soon

GANGTOK: Government of Sikkim and Sikkim High Court have chosen to carry out sections 33 and 34 of the Rights of Persons with Disabilities Act of 2016.

On the other hand, the two laws in question concern the identification of posts for reservation and the reserve of a specific number of posts in each Government establishment by the competent Government.

In March 2023, within six weeks, the Sikkim High Court orders the state government to file a report in the form of an affidavit on the status of compliance with the provisions of the Rights of Persons with Disabilities Act, 2016, particularly Sections 33 and 34 dealing with identification and reservation of posts for specially abled.

According to a reports, “Department of Empowerment of Persons with Disabilities (DEPwD), under the able-guidance of Shri Rajesh Agarwal Secretary, has initiated a series of reforms for implementation of the provisions of “Rights of Persons with Disabilities Act 2016” and empowerment of Persons with Disabilities. In the series of such initiatives, a meeting was held today under the Chairpersonship of Shri Rajesh Aggarwal with resident commissioners and all States/UTs and their representatives.”

It is a significant decision because no state in India implemented Section 33's provisions, depriving the Divyangjans (PwDs) of the constitutional rights that were granted to them. Now, six years after the RPwD Act was put into effect in India, Sikkim has been considerate enough to stand up for the Divyangjans and provide them with their statutory rights.

The Sikkim High Court and the Government of Sikkim's deed of compassion has given the Divyanjans of India a fresh glimmer of hope and opened the door for other governments to emulate it by meticulously enforcing Section 33 of the RPwD Act in their own states.

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