The RPwD Act 2016 was passed on December 28, 2016, to protect the rights of disabled people and commenced on April 19, 2017. This civil rights repealed the previous Persons with Disabilities Act, which was enacted in 1995, and brings India’s disability laws to par with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
Overview
The following table showcases the key highlights of the Rights of Persons with Disabilities (RPwD) Act 2016
| Scheme | Rights of Persons with Disabilities (RPwD) Act 2016 |
|---|
| Launch Year | 2016 |
| Ministry | Ministry of Social Justice & Empowerment |
| Eligibility | Indian citizens with specified disabilities |
| Application Process | Submit required documents to designated authorities |
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The Scenario And Stigma Of PWD In India
Persons with Disabilities (PWD) in India have a raw deal owing to the social focus, lack of access, poor infrastructure and associated prejudices. However, positive legislation such as the Rights of Persons with Disabilities (RPwD) Act 2016 encourages the rights and accessibility of persons with disability the society still perceives disability as a vice, which makes the persons with such conditions discriminated and marginalised. Most PWD experience challenges in issues that touch on education, employment and health hence have little chance of being independent and being part of society. To solve this problem it calls for consistent programmes with a focus on awareness, provision of facilities and other empowerment programmes to remove barriers and fully warrant individuals with the disability’s right to be fully incorporated into society.
What Is The Expanded Definition Of Disability?
As much as the Act provides a clear and precise definition of disability, it is defined dynamically and progressively. The government can recognise 21 types of disabilities, compared to 7 until recently, and this list can be extended in the future.
The list of 21 disabilities includes
- Physical Disabilities:
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Locomotor Disability
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Leprosy Persons
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Cerebral Palsy
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Dwarfism
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Muscular Dystrophy
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Acid Attack Victims
- Visual Impairment:
- Hearing Impairment:
- Intellectual and Mental Disabilities:
- Disabilities from Chronic Conditions:
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Multiple Sclerosis
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Parkinson’s Disease
- Blood Disorders:
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Haemophilia
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Thalassemia
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Sickle Cell Disease
- Multiple Disabilities
- The “benchmark disabilities” are those that have at least 40% of any of the above-mentioned disabilities.
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The Rights And Entitlements Of The Rights of Persons with Disabilities Act
Discrimination of persons with disabilities is highlighted in the Act and it also compels the government to take action to this effect. Some key benefits of the Rights of Persons with disabilities act are as follows:
- Education and Employment:
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A minimum of 5% is required for reservation in higher learning institutions for people with such disability.
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4 per cent reservation in the government jobs to the people of that community.
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The right to free education for children with benchmark disabilities between the ages of 6 and 18 years.
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Early childhood education and care for children with disabilities in all state-financed and recognised establishments.
- Land and Poverty Alleviation:
- 5% in the land distribution and anti-poverty programs.
- Accessibility:
- Assistance is being provided to individuals with disabilities under the govt scheme of the ‘Accessible India Campaign’.
Guardianship Of Rights of Persons with Disabilities Act
The Act provides for guardianship by the District Court. This has been done by involving both the guardian and the disabled person in the decision-making process to protect the latter's rights.
Establishment of Authorities Of The Rights of Persons with Disabilities Act
The Rights of Persons with Disabilities Act established advisory boards and regulatory bodies to oversee its implementation. To know more about the history of its establishment follow the below-mentioned points:-
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Central and State Advisory Boards: Central and State Advisory Boards: These include bodies which formulate policies on disability issues at the central and state levels.
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Chief Commissioner and State Commissioners: These offices with help from the expert committees serve as the regulatory as well as the complaints handling authority for persons with disabilities.
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District-Level Committees: District Committees will also be formed by the State Governments to address the disability-related issues of persons with such disabilities.
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National and State Funds: These funds will be used to disburse monies for eligible persons with disability.
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The Penalties For Offences Of The Rights Of Persons with Disabilities Act
The Act has strict penalties for offences against persons with disabilities. These penalties for offences under the Civil law are explained below:
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Violating the Law: Up to six months in prison and/or a fine for the first offence. For subsequent offences, one can be imprisoned with up to two years’ imprisonment and a fine amounting to ₹ 50,000/- to ₹ 5,00,000/- could be imposed.
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Insulting or Exploiting a Person with a Disability: The violators can be imprisoned for a term of from six months to five years, and have to pay the fine.
Special Courts would be provided that would be practically located in each district and there would be different types of cases registered under violations of disability Rights.
How The Act Is Changing The Disabled People's Living Conditions?
The Rights of Persons with Disabilities (RPwD) ACT 2016 has enhanced the quality of living standards and prospects of disabled persons in India to a great extent. The Government Act extends the definitions of disability and guarantees access to education, employment legislation and social security. With this provision, it seeks to eliminate discrimination against disabled persons and improve their standards in all aspects of their lives.
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Conclusion
The Rights of Persons with Disabilities Act, 2016 is very progressive and aims at providing the rights of protection and empowerment to disabled persons in India. It provides full civil, political and legal rights to establish non-discrimination and anti-discrimination.
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