What is the primary objective of the RPwD Act, 2016?

The RPwD Act, 2016 aims to protect the rights, ensure equality, and provide empowerment to persons with disabilities in India.

How many types of disabilities are recognised under the Act?

The Act recognises 21 types of disabilities, including physical, intellectual, and blood disorders, among others.

What are benchmark disabilities as per the Act?

Benchmark disabilities refer to conditions where a person has at least 40% of the specified disability.

What are the penalties for violating the RPwD Act?

Violators may face imprisonment ranging from six months to five years and fines between ₹50,000 and ₹5,00,000.

Who oversees the implementation of the RPwD Act?

Implementation is overseen by Central and State Advisory Boards, Chief Commissioners, and District-level Committees.

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Rights of Persons with Disabilities Act - RPwD Act

Komal Bajpai

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Updated: 28-01-2025 at 7:13 AM

Rights of Persons with Disabilities Act - RPwD Act

The RPwD Act 2016 was passed on December 28, 2016, to protect the rights of disabled people and commenced on April 19, 2017. This civil rights repealed the previous Persons with Disabilities Act, which was enacted in 1995, and brings India’s disability laws to par with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

Overview

The following table showcases the key highlights of the Rights of Persons with Disabilities (RPwD) Act 2016

Scheme	Rights of Persons with Disabilities (RPwD) Act 2016
Launch Year	2016
Ministry	Ministry of Social Justice & Empowerment
Eligibility	Indian citizens with specified disabilities
Application Process	Submit required documents to designated authorities

The Scenario And Stigma Of PWD In India

Persons with Disabilities (PWD) in India have a raw deal owing to the social focus, lack of access, poor infrastructure and associated prejudices. However, positive legislation such as the Rights of Persons with Disabilities (RPwD) Act 2016 encourages the rights and accessibility of persons with disability the society still perceives disability as a vice, which makes the persons with such conditions discriminated and marginalised. Most PWD experience challenges in issues that touch on education, employment and health hence have little chance of being independent and being part of society. To solve this problem it calls for consistent programmes with a focus on awareness, provision of facilities and other empowerment programmes to remove barriers and fully warrant individuals with the disability’s right to be fully incorporated into society.

What Is The Expanded Definition Of Disability?

As much as the Act provides a clear and precise definition of disability, it is defined dynamically and progressively. The government can recognise 21 types of disabilities, compared to 7 until recently, and this list can be extended in the future.

The list of 21 disabilities includes

Physical Disabilities:

Locomotor Disability
Leprosy Persons
Cerebral Palsy
Dwarfism
Muscular Dystrophy
Acid Attack Victims

Visual Impairment:

Blindness
Low Vision

Hearing Impairment:

Deafness
Hard of Hearing
Speech and Language Disability

Intellectual and Mental Disabilities:

Intellectual Disability
Specific Learning Disabilities
Autism Spectrum Disorder
Mental Behavior (Mental Illness)

Disabilities from Chronic Conditions:

Multiple Sclerosis
Parkinson’s Disease

Blood Disorders:

Haemophilia
Thalassemia
Sickle Cell Disease

Multiple Disabilities

The “benchmark disabilities” are those that have at least 40% of any of the above-mentioned disabilities.

The Rights And Entitlements Of The Rights of Persons with Disabilities Act

Discrimination of persons with disabilities is highlighted in the Act and it also compels the government to take action to this effect. Some key benefits of the Rights of Persons with disabilities act are as follows:

Education and Employment:

A minimum of 5% is required for reservation in higher learning institutions for people with such disability.
4 per cent reservation in the government jobs to the people of that community.
The right to free education for children with benchmark disabilities between the ages of 6 and 18 years.
Early childhood education and care for children with disabilities in all state-financed and recognised establishments.

Land and Poverty Alleviation:

5% in the land distribution and anti-poverty programs.

Accessibility:

Assistance is being provided to individuals with disabilities under the govt scheme of the ‘Accessible India Campaign’.

Guardianship Of Rights of Persons with Disabilities Act

The Act provides for guardianship by the District Court. This has been done by involving both the guardian and the disabled person in the decision-making process to protect the latter's rights.

Establishment of Authorities Of The Rights of Persons with Disabilities Act

The Rights of Persons with Disabilities Act established advisory boards and regulatory bodies to oversee its implementation. To know more about the history of its establishment follow the below-mentioned points:-

Central and State Advisory Boards: Central and State Advisory Boards: These include bodies which formulate policies on disability issues at the central and state levels.
Chief Commissioner and State Commissioners: These offices with help from the expert committees serve as the regulatory as well as the complaints handling authority for persons with disabilities.
District-Level Committees: District Committees will also be formed by the State Governments to address the disability-related issues of persons with such disabilities.
National and State Funds: These funds will be used to disburse monies for eligible persons with disability.

The Penalties For Offences Of The Rights Of Persons with Disabilities Act

The Act has strict penalties for offences against persons with disabilities. These penalties for offences under the Civil law are explained below:

Violating the Law: Up to six months in prison and/or a fine for the first offence. For subsequent offences, one can be imprisoned with up to two years’ imprisonment and a fine amounting to ₹ 50,000/- to ₹ 5,00,000/- could be imposed.
Insulting or Exploiting a Person with a Disability: The violators can be imprisoned for a term of from six months to five years, and have to pay the fine.

Special Courts would be provided that would be practically located in each district and there would be different types of cases registered under violations of disability Rights.

How The Act Is Changing The Disabled People's Living Conditions?

The Rights of Persons with Disabilities (RPwD) ACT 2016 has enhanced the quality of living standards and prospects of disabled persons in India to a great extent. The Government Act extends the definitions of disability and guarantees access to education, employment legislation and social security. With this provision, it seeks to eliminate discrimination against disabled persons and improve their standards in all aspects of their lives.

Conclusion

The Rights of Persons with Disabilities Act, 2016 is very progressive and aims at providing the rights of protection and empowerment to disabled persons in India. It provides full civil, political and legal rights to establish non-discrimination and anti-discrimination.

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