Daijiworld Media Network - Mumbai
Mumbai, Dec 29: Maharashtra has become the first state in the country to notify a dedicated Standard Operating Procedure (SOP) to address abuse, violence and exploitation against Persons with Disabilities (PwDs), the state government said.
The SOPs, framed under Section 7 of the Rights of Persons with Disabilities Act, 2016, establish a formal mechanism for handling complaints, ending the long-standing practice of treating such cases as private matters. With this move, aggrieved PwDs or institutions working with them can now approach authorities and seek action under statutory legal provisions.
Although the central law places the responsibility on governments to protect PwDs from abuse, violence and exploitation, states were required to frame implementation rules. In the absence of such state-level mechanisms, complaints often failed to trigger action. Maharashtra has now filled this gap by operationalising legal protection through a dedicated framework.
As per the SOPs, sub-divisional magistrates and district magistrates have been designated as competent authorities to take cognisance of cases involving abuse, violence or exploitation of PwDs. These authorities are empowered not only to ensure legal remedies but also to 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 are mandated to forward it to the competent authority for action. Institutions working with PwDs can also directly report suspected cases, while authorities can take suo motu cognisance where required.
The Persons with Disabilities Welfare Department formulated the SOPs and issued a Government Resolution in November to formalise the framework.
Tukaram Mundhe, secretary of the department, said Maharashtra was the first state to finalise such a mechanism under Section 7 of the Act. “With these SOPs in place, PwDs can approach authorities with confidence that complaints of abuse, violence or exploitation will be dealt with under statutory provisions meant to protect their rights. This is not just welfare, but empowerment aimed at building an inclusive society,” he said.
Mundhe added that while the mechanism is now ready, efforts are underway to create awareness among police personnel, PwDs and institutions working in the sector to ensure effective implementation.
Welcoming the move, Sonali Saini, executive director of Sol’s Arc, said the notification was significant as it closed a long-standing gap in implementation. “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,” she said.
Saini cited examples such as intervention in cases where PwDs are confined at home or abused in institutions, or where children with disabilities face violence in residential schools or hostels, allowing authorities to conduct inspections, rescue victims and initiate legal action.
Varsha Hooja, trustee and senior director of Inclusive Education at ADAPT, congratulated the state but stressed the need for awareness and sensitisation of all stakeholders. Calling it a beginning, she said execution could be strengthened by involving PwDs, their families and organisations working at the grassroots to ensure effective implementation.
Under the SOPs, competent authorities can issue interim orders in urgent cases, direct police to provide security, medical aid, rehabilitation and other facilities, and ensure legal remedies. If an offence is found punishable under Section 92 of the Act, the case will be forwarded to the jurisdictional judicial magistrate. The state has also put in place a system for periodic reporting on complaints and actions taken to monitor implementation.