Sikkim High Court directs state government to report on compliance with Disabilities Act

The Sikkim High Court has directed the state government to file a report on the status of compliance with the provisions of the Rights of Persons With Disabilities Act, 2016. The court's direction comes in response to a Public Interest Litigation filed by Navraj Tiwari, who claimed to be a social worker.

Tiwari alleged that the state government had not complied with the provisions of Sections 33 and 34 of the Act, which deal with the identification and reservation of posts for persons with disabilities. Section 33 mandates the constitution of an expert committee for identifying posts that can be held by persons with disabilities, while Section 34 mandates a 4% reservation for persons with disabilities in government jobs.

After considering the arguments put forth by the petitioner, the bench comprising Chief Justice Shri Biswanath Somaddar and Justice M.M Rai directed the state government to file a status report within six weeks. The report should state whether the state government has complied with the provisions of Sections 33 and 34 of the Act or whether they are in the process of taking steps towards complying with the said provisions. The bench listed the matter for further consideration after six weeks.

The court's order read, "We are of the view that a report in the form of an affidavit is required to be filed by the competent authority of the State of Sikkim, on or before the next date, stating therein specifically as to whether the State of Sikkim has complied with the provisions of sections 33 and 34 of the Rights of Persons with Disabilities Act, 2016, or whether they are in the process of taking steps towards complying with the said provisions."

This direction from the Sikkim High Court is a significant step towards ensuring the rights of persons with disabilities in the state. It remains to be seen how the state government will respond to the court's directive and whether they will take appropriate steps towards complying with the provisions of the Act.