The Rights of Persons with Disability Act, 2016 (RPWD Act, 2016) of India

The Rights of Persons with Disability Act, 2016 (RPWD Act, 2016) of India

Persons with Disability have been entitled with certain rights under the Rights of Persons with Disability Act, 2016. This Rights of Persons with Disability Act, 2016 (RPWD Act, 2016) promotes and protects the rights and dignity of people with disabilities in various aspects of life – educational, social, legal, economic, cultural and political. This Act is considered to be comprehensive and it aims to provide equal opportunities to persons with disabilities in India.

India signed the United Nations Convention on the Rights of Person with Disabilities (UNCRPD) and subsequently ratified the same on October 1, 2007. The UNCRPD proclaims that disability results from an interaction of impairments with attitudinal and environmental barriers which hinders full and active participation in society on an equal basis. Further, the convention also mandates the signatories to change their national laws, to identify and eliminate obstacles and barriers, and to comply with the terms of the UNCRPD. In this regard, the Government of India initially undertook the amendment of laws such as Persons with Disability Act, 1995 (PWD Act 1995).

The Rights of Person with Disabilities Act, 2016 replaced the PWD Act 1995 to comply with the UNCRPD. The new act was fine-tuned considering the socio-cultural and local needs of the society, and the available resources. This act also recognizes medical authorities for assessment and certification of disability. Persons with Mental Illness (PMI) are often stigmatized and discriminated, which hinders their full and active participation in society. This is a much larger issue, especially in women, gender minorities, backward communities, and the poor and the migrated populations. Adding to the complexities, PMIs are often not aware of their illness, refuse the much-needed treatment and often are not in a place to exercise their rights. There is an urgent need to address this issue of attitudinal barrier so that the rights of PMI are upheld.

Some of the salient features of this The Rights of Person with Disabilities Act, 2016 are

1) According to the Act any person who “intentionally insults or intimidates with intent to humiliate a person with a disability in any place within public view” is punishable with imprisonment.

2) To increase the job opportunities of persons with disabilities, the Act has increased the reservation quota from 3% to 4%. This means that 4% of all vacancies in the government organizations will be reserved for disabled people.

3) Another very important feature of this Act is the provision of special courts in each district. These special courts will handle cases pertaining to the violation of the rights of Persons with Disability.

4) A large number of children with disabilities do not get proper education in India. This act proposes that every child with disability gets free education from the age of 6 to 18.

5) State Governments will constitute district-level committees to address the local issues of Persons with Disability.

6) Office of Chief Commissioner and the Office of State Commissioners of Persons with Disabilities have been given more powers. 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.

7) Number of types of disabilities have been increased from 7 to 21.

8) Victims of acid attacks have been included in the list of Persons with Disability. Unfortunately, in India, acid attacks have been on the rise in last few years. Girls and women are often left severely disfigured/disabled due to such attacks.

9) Dwarfism and Muscular Dystrophy have also been included as separate categories of disability.

10) Three blood disorders, Thalassemia, Hemophilia and Sickle Cell disease, have been included in the list of disabilities.

Rights of Persons With Disabilities Act, 2016 is a good beginning. But the rights of Disabled will be protected only if this Act will be implemented in its true spirit. Entire government machinery and the society at large will have to be sensitized towards the needs and equality of the disabled person. Equal opportunity for all can not be achieved only by passing a law. The entire society has to participate in creating such opportunities.