Maharashtra becomes first state to notify SOPs to tackle abuse, violence against persons with disabilities

Maharashtra has become the first state in India to notify a formal Standard Operating Procedure (SOP) to deal with abuse, violence, and exploitation of persons with disabilities.

The move will improve public understanding and make sure that complaints by persons with disabilities are handled through a clear legal process under the Rights of Persons with Disabilities Act, 2016.

The new framework allows persons with disabilities, or organisations working with them, to file complaints with authorities under specific legal provisions. This marks a shift from the earlier practice where such cases were often treated as private or family matters and did not result in formal action.

Under Section 7 of the Rights of Persons with Disabilities Act, 2016, governments are responsible for protecting persons with disabilities from abuse, violence, and exploitation. However, the law required states to create their own rules for implementation. In the absence of state-level guidelines, complaints by persons with disabilities often did not lead to statutory action.

Maharashtra has now addressed this gap by creating detailed SOPs to operationalise these legal protections. With this step, the state has put in place a clear process for cases of abuse, violence, and exploitation involving persons with disabilities.

The SOPs identify the sub-divisional magistrate and the district magistrate as the competent authorities. These officials will take cognisance of complaints related to abuse, aggression, and exploitation of persons with disabilities under Section 7 of the Act.

Apart from legal remedies, the authorities are also required to take preventive and protective steps. These include rescuing victims, providing protection, and ensuring rehabilitation as per the procedures laid out in the SOPs.

The SOPs also allow the competent authority to take suo motu cognisance of cases, even without a formal complaint. This provision is meant to ensure timely action in situations where abuse or exploitation comes to the notice of officials.

The SOPs clearly specify the types of orders that the competent authority can issue while dealing with such cases. These procedures were developed by the state’s Persons with Disabilities Welfare Department.

The SOPs were formally notified through a Government Resolution issued in November. According to the state government, the aim of the framework is to protect the rights and dignity of persons with disabilities, who are often vulnerable to abuse and violence due to dependence on others.