On this page you will read detailed information about Rights of Persons With Disabilities Act, 2016.
As a citizen concerned with equality and inclusion, being informed on the Rights of Persons With Disabilities Act, 2016 that was recently passed in India is imperative. This legislation aims to fulfill the country’s obligations under the United Nations Convention on the Rights of Persons with Disabilities, which India ratified in 2007. The act will empower you to understand the rights and entitlements of persons with disabilities, the obligations of the government, and the responsibilities you share as a member of society. Through this overview of the provisions, schemes and progress of the act, you will gain insight into how India is working to create an inclusive and accessible environment for all. Stay engaged as both a responsible citizen and advocate.
Background of the Rights of Persons With Disabilities Act 2016
The Rights of Persons with Disabilities (RPWD) Act, 2016, was passed by the Indian Parliament to align and harmonize the law with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The Act replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Need for New Legislation
The 1995 Act was limited in scope and did not adequately define disability nor did it provide comprehensive protection of rights of persons with disabilities. The RPWD Act aims to remedy these shortcomings and provide a rights-based framework for persons with disabilities.
Expanded Definition of Disability
The RPWD Act significantly expanded the definition of disability from the previous Act. Disability is defined based on an evolving and dynamic concept and includes those with long term physical, mental, intellectual or sensory impairments. The definition covers specific disabilities such as blindness, low vision, leprosy, hearing impairment, locomotor disability, mental illness, autism spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, intellectual disability, specific learning disabilities, and multiple sclerosis.
Comprehensive Rights and Entitlements
The RPWD Act provides comprehensive rights and entitlements for persons with disabilities such as right to equality and non-discrimination, right to live independently and be included in the community, right to education, right to employment, right to health, right to access justice, right to vote, right to own and inherit property, right to home and family, and right to recreation, leisure and culture.
To enforce these rights, the Act also provides for penalties and compensation in case of violations. Overall, the RPWD Act, 2016 aims to empower persons with disabilities and allow them to lead a life of dignity and independence. With its progressive and inclusive framework, it has brought India’s disability rights in line with international standards.
Key Definitions in the Act
Person with Disability
The Act defines a ‘person with disability’ as someone with long term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others. This includes people who are blind or deaf, those with autism or cerebral palsy, and those living with chronic mental health conditions.
Discrimination on Grounds of Disability
The Act prohibits discrimination against persons with disabilities in various areas of public life. This includes unfair treatment in employment, education, access to public spaces, and the provision of goods, services and facilities. Discrimination also refers to the failure to make reasonable accommodation for a person with a disability. For example, not providing ramps, Braille signs or extra time during exams.
Reasonable Accommodation
Reasonable accommodation refers to necessary and appropriate modifications and adjustments that do not impose a disproportionate or undue burden. These are made to ensure persons with disabilities enjoy or exercise their rights equally with others. Examples include Braille signage, wheelchair ramps, and extra time for exams.
Universal Design
Universal design refers to the design of products, environments, programs and services to be usable by all people to the greatest extent possible, without the need for adaptation or specialized design. Examples of universal design include wide doorways, lever handles instead of doorknobs, captioning on videos, and walkways with minimal incline. By adopting universal design principles, many barriers to access and participation can be avoided.
Differently Abled
The term ‘differently abled’ refers to someone with a disability, but focuses on their abilities rather than their impairments or limitations. Many advocates argue this is a more positive and empowering term than ‘disabled’. However, not all persons with disabilities prefer this term. It is best to ask someone which term they prefer before using it.
Rights and Entitlements Provided Under the Act
The Rights of Persons with Disabilities Act provides several entitlements and legal rights to persons with disabilities.
Equality and Non-Discrimination
The Act prohibits discrimination against persons with disabilities in employment, education, and access to public spaces. It mandates that persons with disabilities have equal rights to access government and private establishments, as well as equal opportunities for education and employment. Discrimination based on disability is punishable under the Act.
Reasonable Accommodation
The Act requires the appropriate government and private establishments to provide reasonable accommodation for persons with disabilities. This includes adaptations to the built environment, learning materials, and work schedules to enable persons with disabilities to effectively exercise their rights.
Accessibility
The Act sets standards for accessibility of the built environment, transportation systems, information and communications technology to facilitate access for persons with disabilities. All public buildings and establishments as well as public transport systems must adhere to the accessibility standards prescribed under the Act. Private establishments providing public utility services also have the obligation to make their buildings and services accessible.
Reservation and Preferential Allotment
To promote inclusion and participation of persons with disabilities, the Act provides for reservation of at least 4% of government jobs for persons with disabilities. Educational institutions are also mandated to reserve up to 5% of seats for students with disabilities. The government can also consider preferential allotment of land at concessional rates for the purpose of promoting housing, business, recreation centers, and production centers for self-employment of persons with disabilities.
Social Security
The Act provides for formulation of social security schemes and programs for persons with disabilities including unemployment allowance, caregiver allowance, insurance schemes, healthcare schemes, and pension/retirement benefits. The central and state governments will contribute to the funding of such social security schemes and programs.
In summary, the Act guarantees equal rights and opportunities as well as entitlements for the welfare and empowerment of persons with disabilities. The initiatives under the Act aim to promote inclusion, participation and independence of persons with disabilities.
In the previous post, we had shared information about Understanding the Right Against Exploitation, so read that post also.
Duties of Appropriate Governments and Local Authorities
Raising Awareness
The Act mandates that appropriate governments and local authorities shall take measures to raise awareness regarding the rights of persons with disabilities. This includes organizing awareness campaigns, sensitizing the public through the media, and promoting recognition of the skills and abilities of persons with disabilities.
Providing Facilities and Amenities
Appropriate governments and local authorities are required to provide facilities and amenities to ensure accessibility for persons with disabilities to roads, public transport, and other physical infrastructure. This includes installation of auditory signals, Braille symbols, accessible toilets, and ramps with handrails. Barriers must be removed in existing infrastructure, wherever feasible.
Promoting Inclusive Education
To enable inclusive education, appropriate governments and local authorities need to support schools and educational institutions in admitting students with disabilities. They must ensure that teachers are trained, reasonable accommodation is provided, and an individualized education plan is made available for every student with a disability.
Employment Opportunities
Appropriate governments and local authorities are obligated to create schemes that promote employment of persons with disabilities. This includes organizing job fairs, providing incentives to employers who hire persons with disabilities, and offering skill development and vocational training programs. They must also ensure that at least 4% of jobs in government establishments are reserved for people with benchmark disabilities.
Issuing Disability Certificates
Appropriate governments and local authorities are responsible for issuing disability certificates for persons with disabilities. The certificate will state the nature and extent of the disability. It will serve as proof of disability for availing benefits and concessions under welfare schemes and programs. The process for issuing certificates should be streamlined to avoid unnecessary hardship.
To summarize, appropriate governments and local authorities have a crucial role in implementing the provisions of the Rights of Persons with Disabilities Act. By fulfilling their obligations, they can help create an inclusive society where people with disabilities can live independently and participate fully.
Establishment of National and State Commissions
To ensure effective implementation of the Rights of Persons with Disabilities Act, 2016, the Act mandates the establishment of National and State Commissions. The National Commission for Persons with Disabilities is constituted by the central government. The State Commissions for Persons with Disabilities are constituted by state governments.
Functions of the Commissions
The Commissions have been entrusted with a range of functions to safeguard the rights of persons with disabilities. Some of the major functions include:
-Monitoring the utilization of funds disbursed by the central and state governments for the benefit of persons with disabilities.
-Taking suo motu cognizance of matters relating to deprivation of rights of persons with disabilities. -Advising the central and state governments on policies and programs for persons with disabilities.
-Promoting awareness campaigns and sensitization programs to raise societal awareness on disability rights and accessibility requirements.
-Undertaking research and sharing best practices on disability rights across states and countries.
-Addressing complaints relating to violations of rights of persons with disabilities and initiating appropriate action.
Composition of the Commissions
The Commissions comprise a mix of government representatives and disability rights experts. The National Commission has a Chairperson, a Vice Chairperson and five members. A majority of members, including the Chairperson, shall be persons with disabilities. State Commissions have a Chairperson and four members. The Chairperson and at least two members of the State Commission shall be persons with disabilities.
To achieve their objectives, the Commissions have been vested with the powers of a civil court under the Code of Civil Procedure, 1908. The Commissions facilitate access to justice for persons with disabilities who face discrimination or violation of rights. By advising governments and monitoring policies and programs, the Commissions strive to make the rights of persons with disabilities an integral part of the development agenda. Overall, the Commissions have a crucial role in translating the vision of the Rights of Persons with Disabilities Act into reality.
Penalties for Offenses Against Persons With Disabilities
The Rights of Persons with Disabilities Act, 2016 lays down penalties for offenses committed against persons with disabilities. Any person who violates the provisions of the Act or the rules made under it shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
For any subsequent offense, the violator shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine. Any offense under this Act shall be tried summarily. The Special Court may take cognizance of any offense suo motu or on a complaint made by an aggrieved person with disability, by a registered voluntary organization or by the appropriate Government.
No court inferior to that of Metropolitan Magistrate or Judicial Magistrate First Class shall try any offense punishable under this Act. Every offense under this Act shall be non-cognizable and the police officer shall not arrest the violator without a warrant. Upon receipt of a complaint or otherwise, the Special Court may call upon the concerned police officer to arrest the violator and produce him before it.
The rights of Persons with Disabilities Act also lays down some provisions for compounding of offenses. Any offense punishable under this Act may be compounded, either before or after the institution of the prosecution, on an application, by the aggrieved person with disability or his/her legal guardian, as the case may be, for an amount not less than fifty percent of the maximum fine provided for such offense. However, no offense shall be compounded if the violator has been previously convicted of an offense under this Act.
In summary, the Act has laid down strict penal provisions for the protection and enforcement of rights of persons with disabilities. The penalties prescribed under the Act acts as an effective deterrent against any form of discrimination and violation of rights of persons with disabilities.
Significant Improvements Over the 1995 Act
The Rights of Persons with Disabilities Act, 2016 (RPWD Act 2016) introduced several key improvements over the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PwD Act 1995).
One of the most notable enhancements is increasing the number of specified disabilities from 7 to 21. The 21 disabilities now include mental illness, Parkinson’s disease, multiple sclerosis, speech and language disability, thalassemia, and sickle cell disease. This wider range aims to provide protection and benefits to more individuals with disabilities.
The RPWD Act 2016 also expands the definition of discrimination to include denial of reasonable accommodation for persons with disabilities. Reasonable accommodation refers to necessary and appropriate modifications or adjustments to ensure persons with disabilities can enjoy and exercise all human rights and fundamental freedoms. Examples include Braille signage, ramps and hearing loops. Failure to provide reasonable accommodation can now be considered a punishable offense.
Additionally, the new law strengthens the role and functions of the Chief Commissioner and State Commissioners for Persons with Disabilities. They have been given suo moto powers to investigate violations of rights and safeguards of persons with disabilities. The Commissioners can also issue interim and final orders to redress such grievances. These enhanced authorities aim to make remedy and redressal more accessible and prompt.
In summary, the Rights of Persons with Disabilities Act, 2016 improves upon the 1995 Act by increasing the range of specified disabilities, broadening the definition of discrimination, and empowering the Chief Commissioner and State Commissioners. While the new law signifies progress, continued efforts are still needed to raise awareness of disability rights and ensure full participation, equality and empowerment of persons with disabilities.
Challenges in Implementing the Act
The Rights of Persons with Disabilities Act, 2016 aims to protect and promote the rights of disabled individuals, however, there are several challenges in fully realizing the objectives of this progressive legislation.
A major obstacle is lack of awareness about the provisions and entitlements under the Act, both among disabled persons as well as government officials and the general public. Extensive advocacy and public education campaigns are needed to disseminate information about the rights and benefits guaranteed under this Act.
Inadequate allocation of funds and resources is another impediment. Sufficient budgetary allocations are required to implement various provisions like free education, vocational training, unemployment allowance, and healthcare benefits. Setting up special schools, vocational training centers and healthcare facilities for the disabled requires massive investments. Mere legislation is not enough without proper budgetary support.
Accessibility of public spaces and transportation systems continues to be a challenge. Most buildings, public transport systems and pedestrian infrastructure are not disabled-friendly. Ramps, lifts, tactile paths, accessible toilets, and other amenities need to be installed to facilitate access for those with physical disabilities. This requires retrofitting of existing infrastructure and compliance of accessibility standards for new constructions.
There is also a shortage of trained professionals and caregivers to assist the disabled. Teachers, vocational trainers, medical professionals, and caregivers with specialized skills and sensitivities to address the needs of the disabled are lacking. Focused training programs are required to build professional capacity.
While laws aim to bestow rights, they need to be backed by well-designed implementation frameworks, sufficient financial resources and a receptive social environment to translate into real benefits. Sincere and coordinated efforts are needed from all stakeholders to overcome the challenges and fulfill the promise of equal rights and opportunities enshrined in this Act.
Frequently Asked Questions on the Rights of Persons With Disabilities Act, 2016
The Rights of Persons with Disabilities Act, 2016 (RPD Act) aims to protect and promote the rights of disabled individuals. If you have a disability or care for someone who does, you likely have some questions about the scope and details of the law. Here are answers to some of the most common questions:
The law protects individuals with physical, mental, intellectual or sensory impairments that hinder their full and effective participation in society on an equal basis with others. This includes disabilities such as blindness, low vision, leprosy-cured, hearing impairment, locomotor disability, mental illness, autism spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, and multiple sclerosis.
The law prohibits discrimination against disabled persons in areas like employment, education, healthcare, transportation and access to public spaces. It also mandates accessibility to transportation, physical infrastructure and information technology. The law further provides for reservations in higher education and government jobs for disabled individuals.
If you face discrimination due to your disability, you can file a complaint with the Commissioner for Persons with Disabilities. You can also approach civil courts to claim damages or seek legal remedies under the law. Disabled persons’ organizations and NGOs may also take collective action on behalf of disabled individuals whose rights have been violated.
The Rights of Persons with Disabilities Act, 2016 aims to empower disabled citizens and ensure they are given equal rights and opportunities to participate fully in society. If you have a disability, be aware of your rights under this law and do not hesitate to take action if you face discrimination or barriers to access. Together, we can work to make India a more inclusive place for people with disabilities.
Conclusion
As we have seen, the Rights of Persons with Disabilities Act, 2016 represents a major step forward for the rights and inclusion of disabled persons in India. While the law’s broad nondiscrimination protections and requirements for accessibility are crucial, the hard work of implementation and enforcement lies ahead. Moving forward, it is incumbent on Indian citizens, businesses, nonprofits and all levels of government to uphold both the letter and spirit of this law. With strong commitment and diligent follow-through on implementation, India has an opportunity to become an international leader in securing the rights and dignity of all its citizens with disabilities. Through both individual and collective action, we all have a role to play in making the promise of this Act a reality in the lives of millions. The path forward will not always be smooth, but the destination is a more just and inclusive society that values each person. If we work together proactively, India can get there.
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