Maharashtra has formulated a dedicated formal mechanism to address abuse, violence and exploitation against Persons with Disabilities (PwDs), by notifying Standard Operating Procedure (SOP) to handle such complaints, becoming the first state in the country to have such a framework, according to the state government.
Under this framework, aggrieved persons with disability or institutions working with them can approach authorities with complaints to be processed under specified legal provisions of the Right of Persons with Disabilities Act (2016) of India, ending the long-standing practice of treating such cases as private matters.
Although section 7 of the Rights of Persons with Disabilities Act (2016) puts the onus on the government for protection of PwDs from abuse, violence and exploitation, individual states were expected to formulate rules of implementation. In the absence of state-level rules, complaints by PwDs failed to trigger statutory action as prescribed under the section 7 of the Rights of Persons with Disabilities Act (2016).
By framing dedicated SOPs, Maharashtra has filled this gap and emerged as the first state in India to operationalise legal protection of PwDs in cases of abuse, violence and exploitation.
As per the SOPs framed under the Section 7 of the Rights of Persons with Disabilities Act (2016), the sub-divisional magistrate and district magistrate have been designated as competent authorities to take cognisance of abuse violence and exploitation of PwDs. Apart from ensuring legal remedies, the competent authority, as per the SOPs, shall implement preventive and protective measures, including rescue, protection and rehabilitation of victims. An aggrieved PwD or an authorised representative can lodge a complaint with the police, who must forward it to the competent authority for action under the relevant legal provisions.
The state’s Persons with Disabilities Welfare Department has formulated these SOPs to protect dignity and rights of PwDs, who have often become victims of abuse and violence due to their vulnerability and dependence on others. The department issued a Government Resolution (GR) in November to declare the SOPs.
Tukaram Mundhe, secretary for the Persons with Disabilities Welfare department, said, “Maharashtra has become the first state to finalise this mechanism under section 7 of the Rights of Persons with Disabilities Act (2016). With these SOPs in place now, PwDs can now approach authorities with their complaints of abuse, violence or exploitation with a belief that those will be treated under the statutory provisions from the Act dedicated to protect their rights. Going beyond the welfare of the PwDs, this is to ensure empowerment for them aimed at inclusive society.”
Mundhe said that although the mechanism is ready, the department is now taking steps to create public awareness, especially among police as well as PwDs along with institutions working for their welfare.
Welcoming the move, Sonali Saini, executive director of Sol’s Arc, an NGO working for inclusive education solutions, said, “This notification is significant because despite Section 7 of the law existing for years, there was no clear system on who should act, how swiftly, or with what authority. This gap is now closed by placing clear responsibilities. Abuse of a person with disability can no longer be dismissed as a private family matter—protection, police support, medical care and rehabilitation are now mandatory duties of the state.”
Citing a few examples, Saini said, “If a person with disability is being locked at home or abused in an institution, the administration can intervene immediately, even if the family is silent. Or if a child with disability is being beaten or restrained in a residential school or hostel, officials can order an immediate inspection, remove the child, and initiate legal action against the institution.”
Congratulating the state for framing the rules, Varsha Hooja, Trustee and Senior Director, Inclusive Education, ADAPT, formerly The Spastics of India, said, “This is fantastic that the government has taken cognisance of it. However, awareness and sensitisation of all stakeholders must now be prioritised to ensure effective implementation.”
Calling it a beginning, Hooja insisted that its execution can be strengthened by involving people with disabilities themselves, their families and institutions working in this sector who know ground realities, in the process. “This will help in creating a robust implementation plan. We have seen many well-intentioned policies fail due to weak execution on the ground,” she said.
As per the process prescribed under the SOPs, an aggrieved PwD or an authorised representative can lodge a complaint with the police, who must forward it to the competent authority for action under the relevant legal provisions. Additionally, institutions working for PwDs can also report suspected cases directly to the competent authority. The competent authority can also take suo motu cognisance. The scope of action provided in the SOPs include taking immediate preventive and protective measures, issuing interim orders in urgent situations, direct police to provide security, medical aid, rehabilitation or other facilities, providing legal remedies, etc.
The SOPs list out nature or orders that can be issued by the competent authority. But also underlines that if the competent authority concludes that the act is punishable under Section 92 of the Rights of Persons with Disabilities Act, 2016, the case shall be forwarded to the jurisdictional Judicial Magistrate/Metropolitan Magistrate for further action. The state also has chalked out a mechanism for periodical submission of reports on complaints received and the process followed, to ensure effective implementation of the SOPs.