The Rights of Persons with Disabilities (RPwD) Act, 2016
Part 2 (ii)
Salient Features of RPwD Act, 2016
Continuing with the last blog, in today’s blog I have discussed the remaining important provisions of the Rights of Persons with Disabilities Act, 2016.
-● Special measures are to be taken to ensure women and children with disabilities enjoy rights equally with others.
-● Measures are to be taken to protect the PwD from being subjected to cruelty, inhuman & degrading treatments and from all forms of abuse, violence, & exploitation.
-●For conducting any research, free and informed consent from the PwD as well as a prior permission from a Committee for Research on Disability to be constituted in the prescribed manner.
-●Any person may give information to the local Executive Magistrate regarding an act of abuse, violence or exploitation committed against a PwD who shall take immediate steps to stop or prevent its occurrence and pass appropriate order to protect the PwD. Police officers, who receive a complaint or otherwise come to know of violence, abuse, or exploitation, shall inform the aggrieved PwD of his right to approach the Executive Magistrate. The police officer shall also inform about particulars of nearest organization working for the rehabilitation of the PwD, right to free legal aid, and right to file complaint under the provisions of this Act or any other law dealing with such offence.
-●Equal protection and safety in situations of risk, armed conflict, humanitarian emergencies and natural disasters are to be provided to PwD.
-●Children with disabilities are not to be separated from parents except on the order of a competent court.
-●Information about reproductive rights and family planning to the PwD is to be ensured.
-●Accessibility in voting and access to justice without discrimination to the PwD are to be ensured. Public documents are to be made available in accessible formats.
-●It is to be ensured that all PwD enjoy legal capacity on an equal basis with others in all aspects of life and have the right to equal recognition everywhere as any other person before the law and have the right, equally with others, to own and inherit movable and immovable property as well as control their financial affairs.
-●It is also provided that a PwD with benchmark disability who consider himself to be in need of high support, he/she or any other person or organization in his behalf may apply to the authority appointed by the Government for the same and the authority shall take steps to provide support accordingly.
-●A PwD would have the right to alter, modify, or dismantle the support system and in case of conflict of interest, the supporting person would withdraw from providing the support.
-●To provide for access to inclusive education, vocational training and self-employment of disabled persons without discrimination and buildings, campuses & various facilities are to be made accessible to the PwD and their special needs are to be addressed.
-●Necessary schemes & programs to safeguard and promote the PwD for living in the community are to be launched by the Government. Appropriate healthcare measures, insurance schemes and rehabilitation programs for the PwD are also to be undertaken by the Government. Cultural life, recreation, and sporting activities are also to be taken care of.
-●Special employment exchanges for the PwD are to be set up. Awareness and sensitization programs are to be conducted and promoted regarding the PwD
-●Standards of accessibility in physical environment, different modes of transports, public building and areas are to be laid down which are to be observed mandatorily and a 5-year time limit is provided to make existing public building accessible. Access to information and communication technology is to be ensured.
In a nutshell, following are the major differences between the PwD Act 1995 and RPwD Act 2016.
Hope you find the blog useful. With this blog, I end the RPwD Act series. Feel free to share your thoughts on WhatsApp number +919910353219 or email firstname.lastname@example.org
Author CA 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.