Rights of Persons with Disabilities (RPwD) Act, 2016
Background & Context
- Enacted to implement UNCRPD (2007) obligations.
- Replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
- Emphasisesdignity, equality, non-discrimination, and full participation of PwDs in society.
Key Highlights
- Expanded Definition
- Recognises21 disabilities (up from 7 earlier) including cerebral palsy, autism, thalassemia, haemophilia, acid attack victims, multiple sclerosis, etc.
- Scope includes mental, intellectual, sensory, and neurological conditions.
- Rights Guaranteed
- Right to equality, dignity, and life without discrimination.
- Protection from abuse, cruelty, inhuman treatment, and exploitation.
- Right to home, family life, reproductive rights, and political participation (voting, contesting elections).
- Benchmark Disabilities
- Persons with ?40% of a specified disability, certified by competent authority.
- Eligible for reservation, concessions, and social security benefits.
- Guardianship Provisions
- Limited guardianship: Shared decision-making between guardian &PwD, respecting PwD’s will.
- Plenary guardianship: Only in exceptional cases where repeated support is required.
- Social Security & Welfare
- Mandates schemes/programmes for rehabilitation, skill development, and independent living.
- Government to ensure accessibility in transport, ICT, public buildings, and services.
- Institutional Mechanisms
- Chief Commissioner & State Commissioners: Monitor implementation and safeguard rights.
- Advisory Boards at central and state level for policy formulation.
Special Provisions
- Education & Employment:
- At least 5% reservation in government higher educational institutions.
- 4% reservation in government jobs.
- Political Rights: Accessibility in voting & electoral processes.
- Punitive Provisions: Penalties for offences against PwDs including discrimination, neglect, and abuse.
|