Rights of Persons with Disabilities Act 2016

Rights of Persons with Disabilities Act 2016

Subject: Governance

Section: Scheme

Context:

Rights of Persons with Disabilities Act, 2016 simply called the RPWD act, promotes and protects the rights and dignity of people with disabilities in educational, social, legal, economic, cultural and political spheres.

Salient features of the Act

• The Act lays Responsibility on the appropriate governments to take measures and ensure that PWDs enjoy equal rights.
• The types of disabilities have been increased from 7 to 21. The Central Government will have the power to add more types of disabilities.
• Disability has been defined based on an evolving and dynamic concept.
• Additional benefits have been provided for persons with benchmark disabilities and those with high support needs.
• All children with benchmark disabilities between 6 and 18 years shall have the right to free education.
• The act increased the reservation for people with benchmark disabilities from 3% to 4% in government jobs and from 3% to 5% in higher education institutes.
• Stress has been given to ensure accessibility in public buildings in a prescribed time frame along with the Accessible India Campaign.
• There is a provision of a Central Advisory Board (CAB) on Disability, which is mandated to meet every six months.
  • The CAB, which has a three-year tenure, is supposed to function as the “national-level consultative and advisory body on disability matters”.
  • “The CAB is the highest policy making body for disability issues.

Provision for guardianship

• District Court or any authority designated by the State Government under which there will be a joint decision–making between the guardian and the persons with disabilities.
• Central & State Advisory Boards on Disability will be set up as policy-making bodies.
• The office of the Chief Commissioner of PwDs and the State Commissioner of disabilities will be strengthened and 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 experts in various disabilities.
• National and State Fund will be created to provide financial support to PwDs.
• Penalties for offences committed against PwDs.
• Designated special Courts to handle cases concerning violation of rights of PwDs.