A writ petition has been filed in the High Court of Telangana, seeking the appointment of an independent State Commissioner for Persons with Disabilities 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 obligations under the disability act by assigning the Director of Welfare of Disabled & Senior Citizens to also serve as the State Commissioner for Persons with Disabilities.
It argues that as the same official is tasked with implementing welfare schemes and adjudicating complaints related to these schemes, which creates a conflict of interest, compromising impartiality and breaching principles of natural justice.
The petition asserts that this arrangement undermines the independence of the Commissioner’s office, violating Articles 14, 19, and 21 of the Constitution, and denies persons with disabilities an effective grievance redressal mechanism. Despite repeated appeals, no steps have been taken to appoint an independent Commissioner.
The High Court scheduled the matter for instructions on December 2, 2024.
