Date of Court’s Direction: 14 November 2025
The Karnataka High Court was hearing a public interest petition that raised several concerns regarding the State’s compliance with the Rights of Persons with Disabilities Act, 2016. According to the petitioners, multiple mandatory duties under the Act remain substantially unfulfilled. The petition emphasized that Karnataka has not conducted a comprehensive survey to identify persons with disabilities. Such a survey is necessary to ensure that persons with disabilities are recognised for purposes of welfare, support services and rights enforcement. The petitioners also stated that disability identity cards and registration systems are not being implemented effectively, which results in a large number of persons with disabilities remaining outside the official records of the State.
The petitioners further submitted that the statutory requirement under Section 88 of the Act to establish a dedicated disability welfare fund has not been met. Without such a fund, there is no assured budgetary allocation to support the measures mandated by the Act. It was claimed that this reflects a systemic failure to recognise the rights of persons with disabilities as enforceable legal entitlements. Additionally, they raised concerns regarding shortcomings in accessibility of public infrastructure, education, healthcare, vocational training facilities and employment opportunities for persons with disabilities in Karnataka.
The petition indicated that there is negligible progress in the provision of support services such as accessible transportation, inclusive schooling and workplace accommodations. According to the petitioners, the absence of dedicated facilities and trained personnel continues to restrict inclusion and equal participation for persons with disabilities in society. They argued that this undermines the entire purpose of enacting the RPwD Act, which was aimed at shifting from a charity-based approach toward a rights-based framework that guarantees equality, dignity and non-discrimination.
The High Court’s Division Bench comprising Chief Justice Vibhu Bakhru and Justice C. M. Poonacha took note of the serious nature of the allegations and held that the State must furnish accurate and updated information regarding the extent of compliance. The Court observed that the allegations cannot be evaluated in the absence of official data and performance details from the Government. In view of this, the Court issued a direction to the State Government and the office of the Commissioner for Persons with Disabilities to submit a comprehensive status report within a period of six weeks.
The report is required to clearly outline the progress made in implementing each key component of the RPwD Act. The Court noted that compliance with statutory obligations must be demonstrated through verifiable information and stated outcomes, and not general submissions or policy statements. The direction issued is therefore an essential step to allow the Court to understand existing gaps and what corrective measures may be warranted in the next stage of the proceedings.
The litigation remains pending before the High Court. The direction issued on 14 November 2025 is an interim measure and not a final order. The next steps in the case will depend on the response filed by the State Government within the stipulated timeline. Once the status report is placed on record, the Court may review the data and consider issuing further directions to ensure accountability, accessibility and equal rights for persons with disabilities in Karnataka. At this stage, no conclusive judicial findings have been made on the merits of the petition.
Written by Adv. Aiswarya Krishnan
