Rights of Persons with Disabilities Act, 2016

About

  • The Rights of Persons with Disabilities (RPWD) Act, enacted in 2016, aims to uphold the dignity of people with disabilities and prevent discrimination, replacing the 1995 Persons with Disabilities Act. 
  • The Act fulfills India’s obligations to the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.

Disabilities covered:

  • The Act expanded the scope of protection for disabled persons, increasing recognised categories of disability from 7 to 21 and redefining them through social, environmental, and relational lenses rather than solely medical terms.

Rights and Entitlements:

  • Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education. 
  • All Government institutions of higher education and those getting aid from the Government are required to reserve at least 5% of seats for persons with benchmark disabilities.  
  • 4% reservation for persons with benchmark disabilities is to be provided in posts of all Government establishments
  • Incentives to employers in the private sector are to be given who provide 5% reservation for persons with benchmark disability.  
  • Special employment exchanges for the PWD are to be set up.

Children with disabilities not to be separated from their parents:

  • The Act states that no child with disability shall be separated from his or her parents on the grounds of disability except on an order of a competent court, if required, in the best interest of the child.

Establishment of Authorities:

  • Central & State Advisory Boards on Disability are to be set up to serve as apex policy making bodies at the Central and State level. 
  • The Office of Chief Commissioner of Persons with Disabilities has been strengthened who will now be assisted by 2 Commissioners and an Advisory Committee comprising not more than 11 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. 
  • Special Courts will be designated in each district to handle cases concerning violation of rights of PwDs.

Accessible India Campaign

  • Accessible India Campaign (Sugamya Bharat Abhiyan) was launched in 2015 by the Department of Empowerment of Persons with Disabilities (DEPwD) under the Ministry of Social Justice & Empowerment as a nation-wide Campaign for achieving universal accessibility for Persons with Disabilities (PwDs). 
  • The aim of the Campaign is to create a barrier free environment and provide disabled-friendly access in public facilities and places.  
  • The Accessible India Campaign comprises of the following three components: 
    • Built Environment Accessibility: To provide an accessible physical environment for everyone. Measures should be undertaken to eliminate obstacles and barriers to indoor and outdoor facilities including schools, medical facilities, and workplaces.  
    • Transportation System Accessibility: Focuses on providing PwDs an equal right to travel and use public and private transportation infrastructure with dignity and independence. 
    • Information and Communication Eco-System Accessibility: Access to information refers to all information. This can range from actions such as being able to read price tags, to physically enter a hall, to participate in an event, to read a pamphlet with healthcare information, to understand a train timetable, or to view webpages.  
  • To provide full legislative cover to the Campaign and Right to accessibility, the Government enacted the Rights for Persons with Disabilities (RPwD) Act, 2016.

Why in News?

  • The Supreme Court has included persons who were forcibly administered acid within the definition of ‘acid attack victims’ under the Rights of Persons with Disabilities Act, 2016. 
    • The 2016 law recognised only victims of acid-throwing, and not forcible acid ingestion. 
  • The deemed recognition would aid victims of forcible acid ingestion to claim disability benefits due under the 2016 Act.

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