Legal Rights of Persons with Disabilities in India | RPwD Act 2016 | Chanakya Legal Chamber

Introduction

Persons with disabilities in India are entitled to a comprehensive set of legal rights and protections that aim to ensure equality, dignity, and full participation in society. The Rights of Persons with Disabilities Act, 2016 (RPwD Act) replaced the earlier Persons with Disabilities Act of 1995 and brought Indian law in alignment with the United Nations Convention on the Rights of Persons with Disabilities. This guide explains the key provisions of the Act, the rights it guarantees, and the mechanisms available for enforcement, with specific reference to Uttar Pradesh.

The RPwD Act, 2016: An Overview

The RPwD Act, 2016 came into force on 19 April 2017. It represents a paradigm shift from a welfare-based approach to a rights-based approach to disability. The Act recognises 21 categories of disabilities, a significant expansion from the seven categories covered under the previous legislation.

The 21 Recognised Disabilities

The Act covers a broad spectrum, including:

Blindness and low vision
Deaf and hard of hearing
Locomotor disability (including cerebral palsy, leprosy-cured, dwarfism, acid attack victims, muscular dystrophy)
Intellectual disability, specific learning disabilities, and autism spectrum disorder
Mental illness (mental health conditions)
Multiple sclerosis and Parkinson's disease
Haemophilia, thalassemia, and sickle cell disease
Multiple disabilities (combination of two or more of the above)

A person with a benchmark disability is one with not less than 40 percent of a specified disability, certified by the appropriate medical authority.

Reservation in Education and Employment

Education

The Act mandates that all government-funded and recognised educational institutions provide inclusive education. Specific provisions include:

Five percent reservation in seats in higher educational institutions for persons with benchmark disabilities
Reasonable accommodations including accessible infrastructure, assistive devices, and modified examination formats
Scholarships and other support measures for students with disabilities

Employment

The Act provides for:

Four percent reservation in government posts for persons with benchmark disabilities, distributed across categories of blindness/low vision, deaf/hard of hearing, locomotor disability, and intellectual disability/mental illness/multiple disabilities
Reservation in promotions within government service
Prohibition of discrimination in recruitment, conditions of service, and career advancement in both public and private sector employment
Every establishment is required to frame an equal opportunity policy

In Uttar Pradesh, the state government has issued orders implementing reservation provisions in state government posts and educational institutions.

Accessibility Mandates

The RPwD Act places strong obligations on both government and private entities to ensure accessibility:

Physical accessibility: All public buildings, transport systems, and infrastructure must be made accessible within the prescribed timeframe
Information and communication accessibility: Government websites, public documents, and communications must be accessible to persons with disabilities
Assistive technology: The government is mandated to promote research, development, and availability of assistive devices and technologies

The Act requires existing public buildings to be made accessible and mandates that all new constructions comply with accessibility standards. In Uttar Pradesh, the state government has been working towards making government buildings, educational institutions, and public transport accessible, though implementation remains an ongoing process.

Guardianship and Legal Capacity

The RPwD Act introduces an important distinction between guardianship and limited guardianship:

The Act recognises the legal capacity of persons with disabilities on an equal basis with others
A person with a disability who requires support in making decisions may have a limited guardian appointed by the District Court, but only for specific decisions and not as a substitute for the person's own will
The limited guardian is required to act in consultation with the person with disability and must give due consideration to their wishes

This is a significant departure from the earlier approach where guardianship often resulted in complete loss of legal autonomy.

Disability Certificates

A disability certificate is essential for availing reservations, concessions, and benefits under the Act. The process involves:

Application to the certifying authority (a medical board constituted at the district or sub-district level)
Medical assessment by the board to determine the nature and extent of disability
Issuance of the Unique Disability Identification (UDID) card through the online portal (swavlambancard.gov.in)

In Uttar Pradesh, district hospitals in Lucknow and other district headquarters have designated medical boards for disability assessment and certification. The UDID card serves as a universal identity document for persons with disabilities and is accepted for availing all benefits under Central and State government schemes.

The Chief Commissioner and State Commissioner

Chief Commissioner for Persons with Disabilities

The Central Government appoints a Chief Commissioner who acts as a watchdog for the rights of persons with disabilities at the national level. The Chief Commissioner can:

Inquire into complaints regarding deprivation of rights
Review safeguards provided under the Act
Recommend remedial measures to the government

State Commissioner for Persons with Disabilities

Each state appoints a State Commissioner with similar functions at the state level. The UP State Commissioner for Persons with Disabilities in Lucknow handles complaints from residents of Uttar Pradesh regarding:

Denial of rights under the RPwD Act
Non-implementation of government orders and schemes
Discrimination in employment, education, or access to services

Complaints to the State Commissioner are free of charge and do not require legal representation, making this an accessible forum for redressal.

Penalties for Discrimination

The Act prescribes penalties for various forms of discrimination and offences against persons with disabilities:

Any person who intentionally insults or intimidates a person with disability faces a fine of ten thousand to five lakh rupees
Repeat offenders may face imprisonment in addition to fines
Institutions that fail to comply with accessibility norms face penalties as prescribed
Atrocities against persons with disabilities, including sexual abuse of women and children with disabilities, attract enhanced penalties

Social Security and Government Schemes

Persons with disabilities are entitled to various social security benefits:

Disability pension under Central and State government schemes (in UP, the Viklang Pension Yojana provides a monthly pension)
Free or subsidised assistive devices through ALIMCO (Artificial Limbs Manufacturing Corporation) and district-level distribution programmes
Travel concessions on Indian Railways and state transport
Tax benefits under the Income Tax Act (deductions under Sections 80DD and 80U)
Priority in government housing and allotment schemes

Seeking Legal Remedies

When rights under the RPwD Act are violated, persons with disabilities have multiple avenues for redressal:

Filing a complaint with the State Commissioner for Persons with Disabilities
Approaching the District Court for appointment or modification of limited guardianship
Filing a writ petition before the High Court for enforcement of fundamental rights
Approaching the appropriate civil or criminal court for specific violations

An advocate with experience in disability rights can help navigate the appropriate forum and present the matter effectively.

Conclusion

The RPwD Act, 2016 provides a comprehensive framework for the protection and promotion of the rights of persons with disabilities. From reservation in education and employment to accessibility mandates and protection against discrimination, the Act addresses a wide range of concerns. Understanding these rights and the mechanisms available for enforcement is essential for persons with disabilities, their families, and the organisations that support them.

If you or a family member faces a disability-related legal issue and wish to explore available remedies, you may contact Chanakya Legal Chamber for guidance on the appropriate course of action.