Rights of Persons with Disabilities Act, 2016

The Act replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participations) Act, 1995 and honor India’s commitment to United National Convention on the Rights of Persons with Disabilities (UNCRPD).

Salient Features of the Act

• The types of Disabilities have been increased from 7 to 21, with additions like mental illness and acid attack victims.
• 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.
• Government funded educational institutions as well as the government recognized institutions will have to provide inclusive education to the children with disabilities.
• 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.
• Creation of National and State Fund will be created to provide financial support to the persons with disabilities.
• Provision for free education for children with disabilities from age 6 to 18.
• Special Courts will be designated in each district to handle cases concerning violation of rights of PwDs.

Positives of the Act

• Recognizing deformities like acid attacks is a right step, as they suffer same stigma and incapability as other PwDs.
• Ratifying UN Convention boost our international image, as India adhered to its obligations.
• Making government educational institutions and other offices disabled friendly would help to counter the difficulties PwDs face in their daily commute.

Negatives of the Act

• The provision on guardianship in vague and in contrast with many existing legislations. Hence, proper corrective measure must be taken.
• Imposing central diktat on state’s treasury is opposed to healthy federalism.
• Provision for a Chief Commissioner of Disabilities, instead of National Commission as proposed in 2014, which has only recommending powers and lack of provision to ensure that he/she is also disabled person.