The State Commissioner, the Special Court and the Offences

In one line

Sections 80 to 85 give the State Commissioner the same functions, the same three month duty on the recipient authority, the same civil court powers and the same reporting obligations, and provide a Special Court in each district; sections 89 to 92 create the offences.

Sections 80 to 83: the State Commissioner

Section 80: the State Commissioner shall identify, suo motu or otherwise, provisions of any law or policy, programme and procedures inconsistent with this Act and recommend corrective steps; inquire, suo motu or otherwise, into deprivation of rights of persons with disabilities and the safeguards available to them in respect of matters for which the State Government is the appropriate Government, and take the matter up with the appropriate authorities; review the safeguards and recommend measures for effective implementation; review the factors that inhibit the enjoyment of rights; undertake and promote research; promote awareness through seminars, conferences and public education; and monitor implementation of the Act and of schemes and programmes.

The division of jurisdiction is by appropriate Government. The Chief Commissioner takes matters where the Central Government is the appropriate Government under section 75(b), and the State Commissioner where the State Government is, under section 80(b). That is a cleaner allocation than section 21(6) of the human rights legislation's reference to the legislative lists, and it produces fewer boundary disputes.

Section 81: the same duty as section 76. An authority receiving a recommendation under clause (b) of section 80 shall take necessary action and inform the State Commissioner within three months, and where it does not accept, shall convey the reasons within three months and also inform the aggrieved person.

Section 82: the same civil court powers under the Code of Civil Procedure, 1908, for the purpose of discharging functions under the Act, with the power to call for information and proceedings deemed judicial.

Section 83: an annual report to the State Government and special reports at any time on a matter of urgency or importance, laid before the State Legislature with a memorandum of action taken and the reasons for non-acceptance.

Sections 84 and 85: the Special Court

Section 84: for the purpose of providing speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification specify for each district a Court of Session to be a Special Court to try the offences under the Act.

Section 85: for every Special Court, the State Government may by notification specify a Public Prosecutor or appoint an advocate who has been in practice for not less than seven years as a Special Public Prosecutor for conducting cases in that Court.