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Synopsis

The Supreme Court today issued notice on a petition seeking an increase in the monthly allowance of Persons with Disabilities (PWD) by the states by 25% higher than similar schemes that are applicable.

A bench comprising CJI Chandrachud, Justice Pardiwala and Justice Manoj Misra has issued notice to the Union of India, making it returnable in 4 weeks.

"Presently, instead of issuing notice to all states, we will issue notice only to the Union of India and we will then see what they have to say," the bench added.

Top Court has further requested Additional Solicitor General Aishwarya Bhati to assist the court in this matter.

Filed by Bhumika Trust, the plea states that Section 24 of the Rights of PWD Act, 2016 provides for social security pension for PWD which shall be 25% higher than the similar schemes applicable to others.

"The provision hasn’t been implemented by most of the states in the country and thus violating the provision and right of PWD under this Act. India has ratified UNCRPD, in accordance to which the Rights of PWD Act, 2016 was passed. Article 28 of this Convention gives the State parties, the responsibility to take appropriate steps to ensure equal access by persons with disabilities to retirement benefits and programs...", the PIL filed through the Trust's President Jayant Singh Raghav adds.

The plea also enlists various social security schemes for PWD that have been created around the world.

Supreme Court has been further told that since India has ratified United Nations Convention on the Rights of Persons with Disabilities and is party to this Convention, the State has an obligation to provide adequate standard of living and social protection for persons with disabilities, in accordance to Article 28 of the said Convention.

Case Title: Bhumika Trust vs. Union of India and Ors.