Index 

1. What Is the Rights Of People With Disabilities Act?
2. Which Act Does Rights Of Persons With Disabilities Act Replace?
3. What Are Updated Definitions And Expanded List Of Disabilities According To This Act? 
4. What Are The Rights Of The Persons With Disabilities In This Act?
5. What Are The Provisions For Guardianship And Establishment Of Authorities For Persons With Disabilities?
6. What Are The Penalties For Offences Against Persons With Disabilities?
7. What Are Measures To Ensure Accessibility In Polling Stations For Voters With Disabilities?

What Is The Rights Of People With Disabilities Act?

The Rights of Persons with Disabilities (RPwD) Act, 2016 is a landmark legislation in India that aims to protect the rights and ensure the full participation of persons with disabilities in society. The Act defines disability based on an evolving and dynamic concept, and provides for equal opportunities, protection of rights and full participation in society for persons with disabilities 

Which Act Does Rights Of Persons With  Disabilities Act Replace? 

The Rights of Persons with Disabilities Act, 2016 was established to replace the previous Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

The key differences between the two acts are:

1. The Rights of Persons with Disabilities Act, 2016 was enacted to give effect to the United Nations Convention on the Rights of Persons with Disabilities, which India had ratified in 2007. The previous 1995 Act was enacted to give effect to the “Proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region.”
2. The 2016 Act adopts a rights-based approach, focusing on the rights and entitlements of persons with disabilities, whereas the 1995 Act had a more social welfare-oriented approach.
3. The 2016 Act defines disability in a more comprehensive and evolving manner, as compared to the limited list of 7 conditions in the 1995 Act.
4. The 2016 Act provides for specific measures to promote and facilitate inclusive education, skill development, employment, social security, and accessibility, which were not as comprehensively covered in the 1995 Act.
5. The 2016 Act has stronger provisions for protection from abuse, violence and exploitation, legal capacity, and special provisions for persons with high support needs, which were not present in the previous law.

What Are Updated Definitions And Expanded List Of Disabilities According To This Act? 

The concept of disability is evolving and dynamic. The number of recognized types of disabilities has increased from 7 to 21, and the Central Government has the authority to add more types in the future. The 21 recognized disabilities are as follows:

1. Physical Disability
2. Locomotor Disability
3. Leprosy Cured Person
4. Cerebral Palsy
5. Dwarfism
6. Muscular Dystrophy
7. Acid Attack Victims
8. Visual Impairment
9. Blindness
10. Low Vision
11. Hearing Impairment
12. Deafness
13. Hard of Hearing
14. Speech and Language Disability
15. Intellectual Disability
16. Specific Learning Disabilities
17. Autism Spectrum Disorder
18. Mental Behaviour (Mental Illness)
19. Disabilities caused by Chronic Neurological Conditions such as:

1. Multiple Sclerosis
2. Parkinson’s Disease
3. Blood Disorders
4. Haemophilia
5. Thalassemia
6. Sickle Cell Disease
7. Multiple Disabilities

Individuals with “benchmark disabilities” are defined as those who have been certified to have at least 40 per cent of the aforementioned disabilities.

What Are The Rights Of The Persons With Disabilities In This Act? 

The Rights of Persons with Disabilities Act, 2016 and its accompanying Rules, 2017 provide the following key rights for persons with disabilities in India:

1. Right to live independently and be included in the community – Persons with disabilities have the right to live in the community with access to in-house, residential and other support services.
2. Protection from torture, cruel, inhuman or degrading treatment – The government must take measures to prevent such treatment and ensure no person with disability is subjected to research without their informed consent.
3. Protection from abuse, violence and exploitation – Victims shall be rescued, protected and rehabilitated, and the government must create public awareness about these provisions.
4. Equal protection and safety in situations of risk, armed conflict, humanitarian emergencies and natural disasters – Disaster management authorities must ensure the inclusion of persons with disabilities.
5. Right of children with disabilities to not be separated from their parents, except by order of a competent court.
6. Reproductive rights – Persons with disabilities must have access to information on reproduction and family planning, and not be subjected to medical procedures leading to infertility without consent.
7. Right to access the justice system without discrimination, with reasonable accommodation and support provided.
8. Equal legal rights on par with others in all aspects of life and equal recognition before the law.
9. Provision of limited guardianship, if required, after adequate support has been provided.

What Are The Provisions For Guardianship And Establishment Of Authorities For Persons With Disabilities?

The Act includes provisions for granting guardianship by the District Court, ensuring joint decision-making between the guardian and the person with disabilities.

1. Central and State Advisory Boards on Disability: Comprehensive advisory boards at both the central and state levels will be established to serve as the top policy-making bodies concerning disabilities.
2. Office of Chief Commissioner for Persons with Disabilities: The office has been strengthened and will now include two additional Commissioners and an Advisory Committee with up to 11 members who are experts in various types of disabilities.
3. State Commissioners for Disabilities: Similarly, the office of the State Commissioners has been enhanced and will be supported by an Advisory Committee with up to five members who are experts in various disabilities.
4. Roles of Commissioners: The Chief Commissioner and the State Commissioners will function as regulatory bodies, grievance redressal agencies, and will monitor the implementation of the Act.
5. District Level Committees: State Governments will form district-level committees to address local concerns of persons with disabilities (PwDs). The composition and functions of these committees will be specified by the State Governments in their rules.
6. National and State Funds: Funds will be established at the national and state levels to provide financial support to persons with disabilities. The existing National Fund for Persons with Disabilities and the Trust Fund for Empowerment of Persons with Disabilities will be merged into the National Fund.

What Are The Penalties For Offences Against Persons With Disabilities?

The Act outlines penalties for offences committed against persons with disabilities and for violations of its provisions.

General Violations: 

1. Any individual who breaches the Act or its associated rules and regulations may face up to six months of imprisonment and/or a fine of Rs 10,000. 
2. For repeated violations, the punishment can escalate to up to two years of imprisonment and/or a fine ranging from Rs 50,000 to Rs five lakh.

Intentional Insults and Exploitation:

1. Anyone who intentionally insults, intimidates, or sexually exploits a person with a disability, particularly women and children, will be subject to imprisonment ranging from six months to five years, along with a fine.

Special Courts:

1. Each district will designate Special Courts to handle cases related to the rights violations of persons with disabilities (PwDs).

What Are Measures To Ensure Accessibility In Polling Stations For Voters With Disabilities?

The key measures in place to ensure accessibility in polling stations for voters with disabilities include:

1. Allowing voters with disabilities to choose anyone over 18 to accompany them in the polling station and assist them in voting.
2. Providing the option for voters with disabilities to request assistance from the Presiding Officer (the person in charge of the polling station) to help them fill out their ballot paper, while ensuring the secrecy of their vote.
3. Conducting accessibility assessments of all polling stations in advance and taking reasonable steps to improve accessibility, such as installing temporary ramps for voters who use wheelchairs.
4. Providing accessibility features within the polling stations, including seating, magnifiers, tactile voting devices, and wheelchair-accessible polling booths.
5. Training polling station staff to be able to assist voters with disabilities and wear identifiable badges/vests.
6. Displaying clear instructions and large-print sample ballot papers to aid voters with visual impairments.
7. Allowing voters to use their own assistive technology like text-to-speech apps or magnifiers on their phones.
8. In cases where permanent polling stations are inaccessible, using temporary mobile polling stations instead.
9. Encouraging voters with disabilities to consider alternative voting methods like postal voting if they face difficulties accessing the polling station.