J&K yet to constitute State Advisory Board on Disability

Repeated representations have failed to yield results Several provisions of RPwD Act, 2016 remain unimplemented Srinagar, Nov 08: Despite the enactment of the Rights of Persons with Disabilities (RPwD) Act, 2016, Jammu and Kashmir has yet to constitute the State Advisory Board on Disability, a key statutory body mandated to advise the government on policy formulation, welfare programmes and legislative measures for persons with disabilities. The delay has raised concerns among disability rights activists, who say the absence of the board has weakened institutional mechanisms for addressing the issues and protecting the rights of persons with disabilities in the Union Territory. The State Advisory Board is envisaged under Section 66 of the RPwD Act, 2016, read with the Jammu and Kashmir Rights of Persons with Disabilities Rules. It is mandated to advise the government on matters concerning disability rights, review policies and programmes, and facilitate coordinated action for the welfare and empowerment of persons with disabilities. Disability rights activist Umesh Sharma from Jammu said they have repeatedly raised the issue with the government, but the statutory body has not been constituted. He said a memorandum was submitted to Minister for Social Welfare Sakeena Itoo in March 2026, urging the government to implement key provisions of the Act and constitute the advisory board. However, the activists are yet to see any concrete action on the ground. Sharma, who is also Chairman of the Disabled Care Foundation (a parent association of disabled), also pointed out that the tenure of the Expert Committee associated with the State Advisory Board has expired, further highlighting the lack of an effective institutional mechanism to take up disability-related issues. Apart from the constitution of the advisory board, activists have flagged several other provisions of the RPwD Act 2016 that, according to them, remain unimplemented in Jammu and Kashmir. In their memorandum to the Health Minister, they specifically sought the establishment of a Union Territory Fund for Persons with Disabilities, implementation of the provision requiring social security schemes for persons with disabilities to provide benefits at least 25 per cent higher than comparable schemes, and constitution of an advisory committee to assist the Commissioner for Persons with Disabilities. The activists have urged the government to ensure that these statutory provisions are implemented in letter and spirit, saying that the legal framework must translate into tangible benefits for the disabled community. The RPwD Act, 2016, replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and was enacted to fulfil India's obligations under the United Nations Convention on the Rights of Persons with Disabilities. The legislation provides a comprehensive framework for protecting the rights of persons with disabilities, including provisions relating to equality, non-discrimination, accessibility, education, employment, social security and institutional safeguards. The issue of constituting State Advisory Boards was also highlighted at the national level in 2019. During the Third Meeting of the Central Advisory Board on Disability, chaired by the then Union Minister for Social Justice and Empowerment, States and UTs were urged to notify rules under the Act, appoint independent State Commissioners and constitute State Advisory Boards at the earliest. The Central Board had also called upon government departments to implement the Accessible India Campaign in mission mode and asked States and UTs to develop schemes covering social security provisions envisaged under the Act. However, disability rights activists in J&K say the continued absence of the advisory board and delays in implementing other provisions have left several important safeguards without adequate institutional support. They have called for time-bound intervention by the government, stressing that the constitution of the board is not merely an administrative requirement but a statutory mechanism to ensure that the concerns of persons with disabilities are represented in policymaking and governance.