The Chief Commissioner for Persons with Disabilities

In one line

Sections 74 to 79 create the Chief Commissioner for Persons with Disabilities, give five functions exercisable suo motu or otherwise, impose a duty on the recipient authority to act within three months and to give reasons in writing for a refusal, confer civil court powers, and require annual and special reports.

Section 74: appointment

74(1): the Central Government may, by notification, appoint a Chief Commissioner for Persons with Disabilities.

74(2): the Central Government may appoint two Commissioners to assist the Chief Commissioner, of which one Commissioner shall be a person with disability.

74(3) and following: qualification requires special knowledge or practical experience in respect of matters relating to rehabilitation, and the terms of appointment, salary and allowances are as prescribed.

Three observations.

Appointment is discretionary. The word is may, which repeats the defect in section 21 of the human rights legislation and section 10 of the bonded labour legislation.

One of the two assisting Commissioners must be a person with a disability, which is the group-membership requirement, and it is weaker than the Minorities Act's five of seven.

And the qualification is expertise in rehabilitation, which is a narrower criterion than any of the other statutes uses and reflects the Act's origins in a rehabilitation framework rather than a rights framework.

Section 75: the functions

The Chief Commissioner shall:

(a) identify, suo motu or otherwise, the provisions of any law or policy, programme and procedures which are inconsistent with this Act, and recommend necessary corrective steps;

(b) inquire, suo motu or otherwise, into deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the Central Government is the appropriate Government, and take up the matter with appropriate authorities;

(c) review the safeguards provided by or under this Act or any other law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation;

(d) review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures;

(e) study treaties and other international instruments on the rights of persons with disabilities and make recommendations for their effective implementation;

(f) undertake and promote research;

(g) promote awareness and sponsor, organise or co-ordinate seminars, conferences and public education programmes; and

(h) monitor implementation of the provisions of this Act and schemes, programmes meant for persons with disabilities.

Two features distinguish these from the other commissions' functions.

Clause (a) is unusual. The Chief Commissioner identifies laws, policies, programmes and procedures inconsistent with the Act and recommends correction, which is a systemic and legislative function rather than a complaints one, and no other commission statute here has it in that form.