HYDERABAD: A writ petition has been filed in the High Court of Telangana, seeking the appointment of an independent State Commissioner for Persons with Disabilities (PwDs) as mandated by Section 79(1) of the Rights of Persons with Disabilities (RPwD) Act, 2016.
The petition, filed by the All India Confederation of the Blind (AICB) and the Development & Welfare Association of the Blind (DWAB), represented by Advocate Sahithi Sri Kavya Mukkera, was heard by Justice Surepalli Nanda.
The petition highlights the Telangana government’s failure to meet its statutory obligation under the RPwD Act. The government, through G.O. Ms. No. 13 dated July 15, 2017, designated the Director of Welfare of Disabled & Senior Citizens to also serve as the State Commissioner for PwDs.
The petition argued that this dual role creates a conflict of interest, as the same official is tasked with implementing welfare schemes and adjudicating complaints related to these schemes, thus breaching principles of natural justice.
The petition asserted that the current arrangement compromises the impartiality of the State Commissioner’s office. As a government servant, the director is subservient to the state, raising concerns about independence and fairness. This dual role undermines the doctrine of separation of powers and violates the fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution, effectively denying PwDs an independent and effective grievance redressal mechanism.
Despite numerous representations to successive governments, no substantive steps have been taken to appoint an independent State Commissioner. The petition underscored the urgent need for action to protect the statutory and constitutional rights of PwDs and ensure them access to justice.
The high court directed the matter to be listed for instructions on December 2, 2024.