The Rights of Persons with Disabilities Act, 2016 (RPWD Act), enacted on 27th December 2016, replaced the Persons with Disabilities Act, 1995, to align India’s disability laws with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India ratified in 2007. This progressive legislation expands the definition of disability from 7 to 21 specified conditions, including autism, dwarfism, and acid attack victims, and introduces the concept of "benchmark disabilities" (40% or more impairment) for targeted benefits.
The Act mandates non-discrimination, equal opportunities, and inclusive access across education, employment, healthcare, and public infrastructure. Key provisions include:
Reservation: 4% in government jobs and 5% in higher education for persons with benchmark disabilities.
Accessibility: Requires public buildings, transport, and ICT to be disability-friendly within 5 years.
Education: Free and inclusive schooling for children with disabilities, with support like scholarships and adapted curricula.
Legal Capacity: Recognizes the right to own property, access financial services, and make decisions with support.
Penalties: Criminalizes atrocities against persons with disabilities (e.g., humiliation, denial of rights) with imprisonment up to 5 years.
Institutional Framework: Establishes Central/State Advisory Boards, Chief Commissioners, and District Committees to monitor implementation.
The Act emphasizes social security, healthcare, and rehabilitation, ensuring persons with disabilities live with dignity and autonomy. It reflects India’s commitment to inclusivity and human rights, addressing gaps in the 1995 law.