The prolonged absence of a Commissioner for Persons with Disabilities in Jammu and Kashmir is not a routine administrative lapse; it is a serious failure with deep legal, social, and human consequences. Months after inviting applications, the Government has yet to fill a post that is not only statutory under the RPwD Act, 2016, but also central to the entire framework of protection, monitoring, and enforcement of disability rights. The result is a vacuum that has left thousands of persons with disabilities without an accessible authority to hear their grievances, safeguard their entitlements, and ensure that the Government’s promises translate into action on the ground.
The RPwD Act, 2016, was enacted to give effect to India’s obligations under the UN Convention on the Rights of Persons with Disabilities. Sections 79 and 80 of the Act do not treat the Commissioner as a symbolic or ceremonial post. On the contrary, the law envisages an independent watchdog with wide-ranging powers-quasi-judicial in nature-to identify inconsistencies in laws and policies, inquire into violations, monitor the implementation of schemes, oversee the utilisation of funds, and promote awareness and reform. The Commissioner is also vested with powers akin to a civil court, underscoring the seriousness with which Parliament intended disability rights to be enforced.
Persons with disabilities are not ordinary beneficiaries of welfare; they are special citizens with specific needs arising from physical, sensory, intellectual or psychosocial conditions. Their interaction with the State often involves barriers-architectural, procedural and attitudinal-that demand sensitivity, timely intervention and specialised understanding. At critical moments, they require support, guidance and, above all, an accessible authority that can act swiftly. The Commissioner serves this role. He or she is the bridge between Government policy and ground-level implementation, translating schemes, reservations, accessibility norms and safeguards into lived reality.
In Jammu and Kashmir, the absence of this bridge has had tangible consequences. Complaints relating to denial of statutory benefits, non-compliance with accessibility standards in public buildings and transport, lapses in reservation in employment and education, and arbitrary actions by departments remain unattended or are pushed into bureaucratic limbo. The human cost of this vacuum is best illustrated by recent incidents. A teacher with a severe disability, surviving in a wheelchair, was transferred to a far-off location in blatant disregard of rules, regulations and basic sensitivity. Such decisions are not merely administrative errors; they reflect an absence of empathy and understanding of disability-related realities. In a functional system, the Commissioner would have been the first forum for redress-capable of intervening promptly, examining the legality and human impact of the order, and directing corrective action. Instead, in the absence of a Commissioner, the aggrieved teacher had no option but to approach the court. Litigation brought relief, but at a steep cost: money spent, time lost and immense mental agony endured.
The J&K RPwD Rules, 2021, clearly mandate that the appointment process must begin at least six months before the post falls vacant. This time-bound mechanism exists precisely to prevent gaps in such a critical institution. Yet, the Social Welfare Department issued the advertisement only on September 30, 2025-around the time the post had already fallen vacant-and then allowed months to pass without finalising the appointment. This reflects not just delay but disregard for statutory obligations. It undermines the credibility of inclusive governance rhetoric and raises uncomfortable questions about the Government’s commitment to disability rights. More importantly, it exposes the administration to legal scrutiny for failure to implement a central law in letter and spirit.
The Government must expedite the appointment of a full-time, qualified Commissioner for Persons with Disabilities without further delay. There is no substitute and no workaround. Advisory committees, interim arrangements or assurances cannot replace an empowered statutory authority. Restoring this office is the only way to ensure accountability, sensitivity and justice for a section of society that already faces disproportionate challenges. Disability rights cannot wait on bureaucratic indecision. Every day the post remains vacant is another day when rights remain vulnerable, grievances remain unheard, and dignity is compromised. Filling the post of Commissioner is not a favour to persons with disabilities; it is a legal, moral and constitutional obligation.
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