Appointment process yet to be completed
*Explicit provisions of Rules blatantly violated
Mohinder Verma
JAMMU, Jan 18: Several months after inviting applications for the crucial post of Commissioner for Persons with Disabilities, the Jammu and Kashmir Government has failed to make the appointment, leaving the statutory mechanism for protection, monitoring and enforcement of disability rights in the Union Territory virtually paralysed.
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The delay has assumed serious proportions as the post is mandated under the Rights of Persons with Disabilities Act, 2016, a central legislation enacted to give effect to India’s obligations under the United Nations Convention on the Rights of Persons with Disabilities.
Section 79 of the Rights of Persons with Disabilities Act, 2016 clearly empowers and obligates the State/UT Government to appoint a Commissioner for Persons with Disabilities through a formal notification. The Act further lays down stringent eligibility and functional requirements to ensure that the post is not treated as merely ceremonial.
As per the Act, the Commissioner must possess special knowledge or practical experience in rehabilitation and disability-related matters. Section 80 of the Act assigns wide-ranging powers and responsibilities to the Commissioner, including identifying laws, policies and procedures inconsistent with the Act and recommending corrective measures; inquiring suo motu or on complaints into deprivation of disability rights; reviewing safeguards available to persons with disabilities and recommending improvements; monitoring implementation of disability-related schemes and programmes; monitoring utilisation of Government funds meant for persons with disabilities; and promoting research, awareness and policy reform in the disability sector.
Despite these explicit statutory provisions, Jammu and Kashmir continues to operate without a full-time Commissioner, undermining both the letter and spirit of the law. On September 30, 2025, the Social Welfare Department issued an advertisement notice inviting applications for the post. However, even after the lapse of several months, the appointment has not been made, official sources told EXCELSIOR.
“The delay is particularly glaring as the Jammu and Kashmir Rights of Persons with Disabilities Rules, 2021 lay down a clear and time-bound appointment mechanism”, sources said, while disclosing that Rule 42 mandates that the appointment process must begin at least six months before the post is due to fall vacant.
Contrary to this mandatory requirement, the Social Welfare Department issued the advertisement notice only on September 30, 2025—around the time the post had already fallen vacant, they further said, adding that the prolonged vacancy has had a direct and adverse impact on persons with disabilities, particularly in redressal of complaints regarding denial of statutory benefits, monitoring of accessibility norms in public buildings, transport and services, oversight of reservation in employment and education and accountability of departments implementing disability-related schemes.
“While the Government routinely speaks of inclusive governance, the very authority meant to safeguard disability rights remains headless. The Act envisages the Commissioner as an independent watchdog and not a symbolic post”, they said, adding that the absence of a Commissioner has weakened inter-departmental coordination.
According to the sources, the unexplained delay, despite completion of the advertisement process and the existence of clear statutory timelines, raises uncomfortable questions about the Government’s commitment to disability rights and compliance with central legislation.
“Unless the appointment is expedited, J&K risks not only continued denial of rights to thousands of persons with disabilities but also potential legal scrutiny for failure to implement a mandatory statutory framework”, they added.
As per the Act, the Commissioner enjoys the same powers as are vested in a court under the Code of Civil Procedure, 1908, while trying a suit, in respect of summoning and enforcing the attendance of witnesses; requiring the discovery and production of any documents; requisitioning any public record or copy thereof from any court or office; receiving evidence on affidavits and issuing commissions for the examination of witnesses or documents.
Moreover, every proceeding before the Commissioner is deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code, and the Commissioner is deemed to be a civil court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
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