As per Census 2011, 2.1% of the total population in India belongs to differently-abled community. To integrate the persons with disabilities (Divyangjan) with mainstream society, the office of Chief Commissioner for Persons with Disabilities (CCPD) was established by the Rights of persons with Disabilities Act, 1995. The mandate of the CCPD is to ensure that the interests of the differently-abled community are preserved and promoted under the laws of the country.

Appointment and Structure of the Chief Commissioner for Persons with Disabilities in India

• The Chief Commissioner for persons with disabilities is appointed by the Central Government under the Rights of Persons with Disabilities Act, 1995. (RPD Act) (Later amended in 2016)
• The Central Government may appoint two additional Commissioners to assist the Chief Commissioner.
• Advisory Committee: The Chief Commissioner is assisted by an advisory Committee comprising not more than 11 members.

Qualifications, Tenure of the Chief Commissioner for Persons with Disabilities in India

• The Chief Commissioner for Persons with Disabilities or other Commissioners should be a person having special knowledge or practical experience in matters relating to rehabilitation of disabled persons.
• Among the other Commissioners, at least one should be a person with a disability.
• The persons appointed in the Advisory Committee should be drawn from experts related to different kinds of disabilities.
• The tenure and other conditions of the services of the Commissioners are determined by the Central Government.

Functions of Chief Commissioner for Persons with Disabilities in India

The Commissioner for persons with Disabilities performs following functions to safeguard interests of disabled community:

• Inquiry and investigation: The Chief Commissioner is required to inquire into matters related to deprivation of rights of persons with disabilities and safeguards available to them to promote their interests. The Commissioner can also take suo-moto actions in cases on reasonable grounds.
• Review of policies: The Commissioner is required to identify the provisions of laws, policies, programmes and procedures which are inconsistent with the RPD Act and recommend necessary corrective steps.

The Commissioner also monitors and reviews the safeguards provided for persons with disabilities under any laws and recommends measures for their effective implementation.

• Awareness among people: The Chief Commissioner for persons with Disabilities promotes awareness among persons with disabilities about their rights and the safeguards available to them.
• Research and study: The Commissioner studies treaties and international conventions related to persons with disabilities and promotes research in the field of disabilities.

Powers of Chief Commissioner for Persons with Disabilities in India

• Action by appropriate authorities: Whenever the Chief Commissioner for persons with Disabilities makes a recommendation to an authority, the authority is required to take necessary action on it and inform the Commissioner about the action taken within three months from the date of receiving such recommendation.

If the concerned authority does not accept any recommendation made by the Commissioner, it should convey the reasons for non-acceptance of the recommendations to the Commissioner within three months and should also inform it to aggrieved persons.

• Powers of a civil court: While investigating a matter, Commissioner has all the powers of a civil court in following manner:
  • The Commission can summon and enforce the attendance of any person from any part of India.
  • The Commission can ask for any evidence, document and any public record from Court or any other public office.
  • The Commission can ask any person to give oral or written evidence.

Report of Chief Commissioner for Persons with Disabilities in India

The CCPD submits an annual report to the Central Government. The Central Government places such a report before the Parliament along with a memorandum of action taken and reasons for non-acceptance of any recommendation.

Role and Appointment of State Commissioner for Persons with Disabilities in India

Other than Chief Commissioner for Persons with disabilities at union level, A State Commissioner for persons with disabilities is appointed by the State Government at state level under RPD Act, 2016.

Advisory Committee: The State Commissioner should be assisted by an advisory committee comprising not more than 5 members.

Qualifications and Tenure of the State Commissioner for Persons with Disabilities

The qualifications, tenure and other conditions of services of the State Commissioner are prescribed by the respective State Government.

Functions and Powers of the State Commissioner for Persons with Disabilities

The State Commissioner for persons with disabilities performs the same functions at the state level, as performed by the CCPD at the union level.

The powers exercised by the State Commissioner are also same as that of CCPD.

Conclusion

Despite many provisions provided for the disabled persons, there is a lack of awareness among them regarding their rights. Other than this, there is also a lack of sensitivity among the general public towards the persons with disabilities.

Therefore, with the help of NGOs, PwD associations and Civil Society Organisations, the Chief Commissioner and the State Commissioners for persons with Disabilities should ensure that they serve as advocates of the differently-abled community and try to establish a level playing field for differently-abled persons to make India a truly inclusive society.