DoT urges Ministries to end disregard for disability rights, mandates sensitization on RPwD Act compliance

In a stern move aimed at strengthening accountability, the Department of Telecommunications (DoT) has circulated a directive from the Department of Empowerment of Persons with Disabilities (DEPwD) to all ministries and departments, urging immediate sensitization of their officers regarding the widespread neglect of the Rights of Persons with Disabilities (RPwD) Act, 2016. The circular, with the letter dated January 13, 2025 attached- which officially was circulated by the DoT on February 18, raises serious concerns over the persistent non-compliance with statutory provisions, despite clear legal obligations under the Act.

The letter highlights that many government establishments have failed to act upon or even respond to recommendations and notices issued by the Chief Commissioner for Persons with Disabilities (CCPD) - the statutory authority responsible for monitoring implementation of the Act. These violations, the department warned, not only reflect a systemic disregard for the rights of persons with disabilities, but also contravene specific provisions of the law that bind public authorities to act within stipulated timelines.

"It is noted with due concerns that there is widespread lack of awareness and sensitivity in the government establishments about the provisions of this Act. Often, it is brought to the notice of this department that government establishments are not responding to the notices and recommendations issued under the provisions of the Act by statutory authorities," it read.

Under Chapter XII of the RPwD Act, the CCPD is empowered to identify violations, intervene on its own or based on complaints, and recommend corrective measures. It also holds the powers of a civil court, and its proceedings are deemed judicial in nature. Section 76 of the Act mandates that any authority receiving a recommendation from the CCPD must act upon it and report back within three months. If not accepted, the authority is required to furnish reasons for its non-acceptance and inform both the CCPD and the aggrieved person.

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However, the DEPwD noted that in more than 50% of the cases, these mandatory responses have not been received. Even more worryingly, in nearly 80% of cases, the government departments delay replying to the CCPD’s notices. Some fail to send representatives to hearings altogether, undermining the quasi-judicial process. The letter points out that such lapses are not just administrative oversights but could constitute punishable offences under Section 93 of the Act. Although the CCPD is empowered under Section 89 to impose fines for non-compliance, it has used this authority sparingly, in the hope of encouraging voluntary adherence.

"The government establishment may or may not accept the recommendations, but not informing the CCPD of the action taken or reasons for non-acceptance is not an option before them. Unfortunately, in more than 50% of the cases, the establishments have failed to do so."

Taking cognizance of this, the DoT has called upon all ministries, departments, and institutions under their administrative control to urgently sensitize their officers about the provisions and obligations under the RPwD Act. The letter makes it clear that failing to acknowledge the legal mandate of the CCPD, or to cooperate with its proceedings, is not an option for government bodies. By institutionalizing awareness and procedural compliance, the ministry aims to curb discrimination and promote a more inclusive administrative culture.

"You are, therefore, requested to sensitise the officers of your ministries/departments as well as the establishment under the administrative control of your ministry/department against such disregard for the RPWD Act and authorities created under it," it was added.