All about Rights of Persons With Disabilities (RPWD) Act, 2016 By: Rozat Akolawala

May 14,2019:

The Author, Rozat Akolawala is a 2^nd Year student of Maharashtra National Law University. She is currently interning with LatestLaws.com.

Introduction

The Rights of Persons With Disabilities (RPWD) Act, 2016 has successfully replaced the Persons With Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1955.The need to replace the previous Act arose after India signed and ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in the year 2007.

The RPWD Act, 2016 is made in accordance with the obligations as given in the UNCRPD. After receiving Presidential assent, the said act was notified under the Official Gazette of India on 28^th December 2016.

Q1. What is the objective behind the Rights of Persons With Disabilities Act, 2016?

Ans. The Act was a result of India being a signatory of UNCRP and later ratifying it. The main objective behind the Act is to empower persons with disabilities by safeguarding their dignity, freedom to make their own choices, independence and their position in the society. The society tends to alienate the people who have certain disabilities which lead to discrimination and exclusion from the society. With the help of this act, the gap between the society and persons with disabilities can be reduced. The Act aims to achieve equality between persons with disabilities and others, participation of persons with disabilities in any arena, preserving the rights of women and children with disabilities and ensure their human rights.

Q2. Which types of disabilities are covered in the Rights of Persons With Disabilities Act, 2016?

Ans. In simple words, disability is a mental or physical condition that limits a person’s movements, senses or activities. The RPWD Act, 2016 gives an exhaustive list which contains 21 disabilities (previously there were 7). This list includes blindness, low-vision, leprosy, hearing impairment, locomotors disability, dwarfism, intellectual disability, mental illness, autism, cerebral palsy, muscular dystrophy, chronic neurological conditions, specific learning disabilities, multiple sclerosis, speech and language disability, thalassemia, haemophilia, sickle cell disease, multiple disabilities, acid attack victim and parkisnson’s disease. If a person has 40% or more of any of these disabilities he/she will come under the category of persons with benchmark disabilities.

Q3. How does the Act ensure that persons with disabilities live in a society which is equal and free of discrimination?

Ans. Equality and non-discrimination is guaranteed under the UNCRPD and section 3 of the RPWD Act, 2016 deals with the same. As per section 3, the appropriate Government has ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with the other members of the society, to establish this the appropriate Government has to provide the appropriate environment to them. Persons with disabilities cannot be discriminated on the ground of disability unless it is the proportionate means of achieving the aim. Section 4 of the Act ensures that women and children with disabilities enjoy their rights equally with others.

Q4. How does the Act accommodate the relationship between the person with disability and the person providing support?

Ans. Section 13 of the Act ensures that all persons with disabilities enjoy legal capacity on equal basis. They have been ensured all rights that any person holds in the eyes of law like right to own and inherit movable and immovable property as well as control their financial affairs.  It is provided under section 38 that a person with benchmark disability who needs 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.

However, as per section 13 the person with disability 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.

It has been provided in the section 14 of the Act that a District Court or any designated authority, as notified by the State Government, finds that a person with disability, who had been provided adequate and appropriate support but is unable to take legally binding decisions, may be provided further support of a limited guardian to take legally binding decisions on his behalf in consultation with such person, in such manner, as may be prescribed by the State Government. In these cases the decision regarding the support to be provided shall be reviewed by the Court or the designated authority, as the case may be, to determine the nature and manner of support to be provided.

Q5. After the commencement of the Act, which authorities have been established to safeguard the rights of persons with disabilities?

Ans. Under Chapter XI of the Act Central and State Advisory Boards on Disability are established, these Boards are to make policies at Central/State level for the persons with disabilities. Chapter XII covers establishment and functioning of Office Chief Commissioner and State Commissioner and also an Advisory Committee comprising members drawn from experts in various disabilities. The Chief Commissioner for Persons with Disabilities and the State Commissioners will act as regulatory bodies and Grievance Redressal agencies and also monitor implementation of the Act.

District level committees will be constituted by the State Governments to address local concerns of PwDs. Details of their constitution and the functions of such committees would be prescribed by the State Governments in the rules.

Chapter XIV talks about Creation of National and State Fund to provide financial support to the persons with disabilities. The existing National Fund for Persons with Disabilities and the Trust Fund for Empowerment of Persons with Disabilities will be subsumed with the National Fund.

Q7. What is the punishment for contravention of provisions of Act or rules or regulations made under the same?

• Under Chapter XVI of the RPWD Act, 2016 penalties and offences committed against persons with disabilities and also violation of the provision of the new law are given. As per section 89 of the Act if any person who violates the provisions of the Act, or any rule or regulation made under it, shall be punishable with imprisonment up to 6 months and/or a fine of Rs 10,000/-, or both.
• If there is a subsequent contravention then imprisonment for 2 years and/or a fine of Rs50,000/- to Rs 5,00,000/- can be awarded. Section 92 of the Act gives a detailed list of offenses which are punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
• Chapter XII establishes Special Courts designated in each district to handle cases concerning violation of rights of persons with disabilities.

Q8. What educational benefits are provided to the persons with disabilities under the RPWD Act, 2016?

Ans. Under Chapter III of the Act, education of any person with a disability is dealt with. Section 16 provides for the access to inclusive education, self-employment and vocational training to disabled persons. Section 17 duty bounds the appropriate Government to take specific measure and promote and facilitate inclusive education. As per section 32 at least 5% seats in all government institutions of higher education and those getting aid from the government are required to reserve seats for persons with benchmark disabilities. Earlier it was only 3%.

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