The Rights of Persons with Disabilities (RPwD) Act, 2016 was enacted in 2016 and came into force on 19 April 2017. It replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
The Act aims to ensure that persons with disabilities can live with dignity, equality, freedom from discrimination and equal opportunities. It incorporates the rights recognised under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.
The Act defines disability as an evolving and dynamic concept, recognising that the understanding of disability may change over time.
The Act increased the number of recognised disabilities from 7 to 21. It also empowers the Central Government to notify additional types of disabilities.
The recognised disabilities include leprosy-cured persons, cerebral palsy, acid attack victims, blindness, deafness, specific learning disabilities, autism spectrum disorder, Parkinson’s disease and haemophilia, among others.
Benchmark Disability: A person with a benchmark disability is one who has been certified to have at least 40% of a specified disability, as defined under the Act.
Equality and Non-Discrimination: The Act places responsibility on the appropriate governments to take effective measures to ensure that persons with disabilities enjoy their rights equally with others.
Additional Benefits: Special provisions are provided for persons with benchmark disabilities and those with high support needs.
Right to Education: Every child with a benchmark disability between 6 and 18 years of age has the right to free education.
Reservation in Higher Education: The Act provides 5% reservation in seats in government and government-aided higher educational institutions for persons with benchmark disabilities.
Reservation in Government Employment: The Act provides 4% reservation in government jobs for persons or classes of persons with benchmark disabilities, as specified under its provisions.
Accessibility: The Act emphasises improving accessibility in public buildings, including government and private buildings, within the prescribed time frame.
The Act provides for the appointment of a guardian by the District Court or an authority designated by the State Government. It provides for joint decision-making between the guardian and the person with a disability, recognising the rights and participation of the person concerned.
Central and State Advisory Boards: The Act provides for broad-based Central and State Advisory Boards on Disability to function as policy-making bodies.
Chief Commissioner and State Commissioners: The Act strengthens the offices of the Chief Commissioner for Persons with Disabilities and the State Commissioners for Persons with Disabilities. These offices perform regulatory, grievance-redressal and monitoring functions to support the implementation of the Act.
Advisory Committees: The offices of the Commissioners are assisted by advisory committees comprising experts in different disabilities.
National and State Funds: The Act provides for the creation of National and State Funds to support persons with disabilities financially.
The Act prescribes penalties for offences committed against persons with disabilities and violations of its provisions.
General Violation: A person who violates the Act or any rule or regulation made under it may face imprisonment of up to six months, a fine of up to ₹10,000, or both.
Subsequent Violation: For a subsequent violation, the punishment may extend to two years of imprisonment, a fine ranging from ₹50,000 to ₹5 lakh, or both.
Intentional Insult, Intimidation or Exploitation: A person who intentionally insults or intimidates a person with a disability, or sexually exploits a woman or child with a disability, may face imprisonment ranging from six months to five years, along with a fine.
Special Courts: The Act provides for the designation of Special Courts in each district to deal with cases involving violations of the rights of persons with disabilities.
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We provide offline, online and recorded lectures in the same amount.
Every aspirant is unique and the mentoring is customised according to the strengths and weaknesses of the aspirant.
In every Lecture. Director Sir will provide conceptual understanding with around 800 Mindmaps.
We provide you the best and Comprehensive content which comes directly or indirectly in UPSC Exam.
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