PRAJWALA Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, (Act No.1 of 1996) passed by the Parliament and it came into force with effect from 7.2.1996.

(2.) The petitioner under Public Interest Litigation filed this petition alleging that despite the commencement of this Act No.1 of 1996, many of the State Governments or the local authorities in the various States have not fully implemented Section 43 of the Act. Section 43 of the Act reads as follows:

(3.) This Court issued notice to the various State Governments and the State Governments have filed counter affidavit and also indicated various steps taken by the respective Government to implement Section 43 of the Act. Some of the States have candidly admitted that they have not implemented Section 43 of the Act. For example, the State of Arunachal Pradesh stated that this is not so far implemented in the State. Some of the State Governments stated that Section 43 was partially implemented and for allotment of land for certain purposes as indicated in Section 43, some percentage of reservation made in favour of disabled persons. By the statements of the State Governments, it appears that only marginal benefits are given as indicated in Section 43 of the Act. No State has come forward with specific plea that schemes have been formulated either by the State or by the local authorities and percentage of reservation has already been made in favour of the disabled persons.