Salient Features of RPwD Act, 2016
In the last blog, I introduced ‘Rights of Persons with Disabilities Act, 2016’. In today’s blog, I have summarised some important provisions of this Act.
– Responsibility has been cast upon the appropriate governments to take effective measures to ensure that the persons with disabilities enjoy their rights equally with others.
– Disability has been defined based on an evolving and dynamic concept.
– The list of disabilities included has been expanded from 7 to 21 conditions. The Act covers the following specified disabilities –
– Persons with benchmark disabilities
a) Additional benefits have been provided for persons with benchmark disabilities and those with high support needs.
b) Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.
c) 5% reservation in seats in Government and Government aided higher educational institutions for persons with benchmark disabilities.
d) 4% reservation in Government jobs for certain persons or class of persons with benchmark disability.
– As per section 3,
1) The appropriate government shall
• Ensure that the PwD enjoys right to equality, life with dignity & respect equally with others
• Take steps to utilise the capacity of PwD by providing appropriate environment
• Take necessary steps to ensure reasonable accommodation for PwD
2) No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim.
3) No person shall be deprived of his or her personal liberty only on the ground of disability
– The Act provides for grant of guardianship by District Court or any authority designated by the State Government under which there will be joint decision – making between the guardian and the persons with disabilities
– Broad based Central & State Advisory Boards on Disability to be set up as policy making bodies.
– The Act provides for strengthening of the Office of Chief Commissioner of Persons with Disabilities and State Commissioners of Disabilities which will act as regulatory bodies and Grievance Redressal agencies and also monitor implementation of the Act. These Offices will be assisted by an Advisory Committee comprising of experts in various disabilities.
– Creation of National and State Fund to provide financial support to the persons with disabilities.
– The Act provides for penalties for offences committed against persons with disabilities.
– Designated special Courts to handle cases concerning violation of rights of PwDs.
I shall be discussing the remaining provisions of this Act in the next blog.
The provisions summarised above provoke some thoughts in my mind viz
– Is our society heading towards ‘real inclusion’? Is this really happening?
– Is the provison related to reservation in education (schools/colleges) enough, easily available and really helpful for our children?
– Are the national and state funds created for financial support of PwDs readily available and enough for decent survival of those belonging to financially weaker sections of society ?
– Has the implementation of this Act been successful in eradicating discrimination at various levels?
Do share your thoughts/views about the above discussed provisions of the RPwD Act, 2016 on WhatsApp number +919910353219 or email firstname.lastname@example.org
Author Shivani Lohia
Shivani Lohia is a Chartered Accountant by profession and mother to 8 years old child on the autism spectrum. The cause of autism awareness is very close to her heart and she strongly believes in equal education for all & strongly advocates inclusion. She has been homeschooling her son since he was 5 years old.