Sikkim becomes first state in India to implement 'Section 33' of Rights of Persons with Disabilities Act

Sikkim High Court and the Government of Sikkim have decided to implement the statutory mandate as contained under sections 33 and 34 of the Rights of Persons with Disabilities Act, 2016. 

The said two provisions are in respect of the identification of posts for reservation and reservation by the appropriate Government of a certain percentage of posts in every Government establishment. 

Section 33 of the RPWD Act, 2016, provides for the identification of posts for individuals with benchmark disabilities by constituting an Expert Committee that is representative of PWD, and periodically reviewing the posts identified every three years.

Section 34 of the RPWD Act, 2016, states that every government establishment shall appoint in every government establishment not less than 4% of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent each shall be reserved for persons with benchmark disabilities.

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It is a landmark decision taken because not a single state in India has adhered to the provisions of Section 33 in India which was sheer injustice to the Divyangjans (PwDs) depriving them of their constitutional rights granted to them and now after 6 years of the RPwD Act being implemented in India Sikkim has been thoughtful enough to stand up for the Divyangjans and provide them with their statutory rights. 

Under the guidance of Justice Biswanath Somadder, Chief Justice Justice Meenakshi Madan Rai, and Judge of Sikkim High Court the order WP (PIL) No. 01/2023 was passed on 18th May 2023. 

On behalf of the Divyangjans of Sikkim and our Divyangjan brethrens around the Country we express our sincere gratitude to Sikkim High Court, the Government of Sikkim and Advocate Sajal Sharma and team for their relentless efforts to provide the Divyangjans with their entitled rights. 

This act of kindness by the Sikkim High Court and the Government of Sikkim has given a new ray of hope to the Divyanjans all over India and has paved the way for other states to follow suit in implementing Section 33 of the RPwD Act diligently in their respective state.

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