Rights of Persons with Disabilities Act, 2016

The Act replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It fulfills the obligations to the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory. 

According to the The Rights of Persons with Disabilities (RPwD) Act, 2016, enacted on 28.12.2016 and came into force from 19.04.2017, Disability has been defined based on an evolving and dynamic concept. .

Salient features of the Act

Disabilities covered

• Disability has been defined based on an evolving and dynamic concept.
• The types of disabilities have been increased from existing 7 to 21 and the Central Government will have the power to add more types of disabilities. The 21 disabilities are given below:-
  1. Physical Disability
     • Locomotor Disability
       • Leprosy Cured Person
       • Cerebral Palsy
       • Dwarfism
       • Muscular Dystrophy
       • Acid Attack Victims
     • Visual Impairment
       • Blindness
       • Low Vission
     • Hearing Impairment
       • Deaf
       • Hard of Hearing
     • Speech and Language Disability
  2. Intellectual Disability
     • Specific Learning Disabilities
     • Autism Spectrum Disorder
  3. Mental Behaviour (Mental Illness)
  4. Disability caused due to-
     • Chronic Neurological Conditions such as
       • Multiple Sclerosis
       • Parkinson’s Disease
     • Blood Disorder
       • Haemophilia
       • Thalassemia
       • Sickle Cell Disease
  5. Multiple Disabilities
• Persons with "benchmark disabilities" are defined as those certified to have at least 40 per cent of the disabilities specified above.

Rights and entitlements

• Responsibility has been cast upon the appropriate governments to take effective measures to ensure that the persons with disabilities enjoy their rights equally with others.
• Additional benefits such as reservation in higher education (not less than 5%), government jobs (not less than 4 %), reservation in allocation of land, poverty alleviation schemes (5% allotment) etc. have been provided for persons with benchmark disabilities and those with high support needs.
• Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.
• Government funded educational institutions as well as the government recognized institutions will have to provide inclusive education to the children with disabilities.
• For strengthening the Prime Minister's Accessible India Campaign, stress has been given to ensure accessibility in public buildings (both Government and private) in a prescribed time-frame.

Guardianship

• The Act provides for grant of guardianship by District Court under which there will be joint decision – making between the guardian and the persons with disabilities.

Establishment of Authorities

• Broad based Central & State Advisory Boards on Disability are to be set up to serve as apex policy making bodies at the Central and State level.
• Office of Chief Commissioner of Persons with Disabilities has been strengthened who will now be assisted by 2 Commissioners and an Advisory Committee comprising of not more than 11 members drawn from experts in various disabilities.
• Similarly, the office of State Commissioners of Disabilities has been strengthened who will be assisted by an Advisory Committee comprising of not more than 5 members drawn from experts in various disabilities.
• The Chief Commissioner for Persons with Disabilities and the State Commissioners will act as regulatory bodies and Grievance Redressal agencies and also monitor implementation of the Act.
• District level committees will be constituted by the State Governments to address local concerns of PwDs. Details of their constitution and the functions of such committees would be prescribed by the State Governments in the rules.
• Creation of National and State Fund will be created to provide financial support to the persons with disabilities. The existing National Fund for Persons with Disabilities and the Trust Fund for Empowerment of Persons with Disabilities will be subsumed with the National Fund.

Penalties for offences

• The Act provides for penalties for offences committed against persons with disabilities and also violation of the provisions of the new law.
• Any person who violates provisions of the Act, or any rule or regulation made under it, shall be punishable with imprisonment up to six months and/ or a fine of Rs 10,000, or both. For any subsequent violation, imprisonment of up to two years and/or a fine of Rs 50,000 to Rs five lakh can be awarded.
• Whoever intentionally insults or intimidates a person with disability, or sexually exploits a woman or child with disability, shall be punishable with imprisonment between six months to five years and fine.
• Special Courts will be designated in each district to handle cases concerning violation of rights of PwDs.

To access the complete Act, click here

Source : Department of Empowerment of Persons with Disabilities ((Divyangjan)