Rights of Persons with Disabilities Act, 2016 – an Overview. By Prasanna Kumar Pincha, Former Chief Commissioner for Persons with Disabilities, Government of India. Nasscom Foundation.
Salient Features:
Compared to the PWD Act, the current RPD Act strengthens the regulatory, monitoring, and grievance redressal mechanisms in terms of their functions and composition. It also stipulates designation of special court at the district level for fast tracking cases of persons with disabilities under the Act.
The RPD Act provides for representation of persons with disabilities including representation of women with disabilities in the various bodies to be created under this new legislation. Thus the value and indispensability of experiential expertise also
stands recognized.
The Act provides for time-limit for compliance with some of its substantive provisions which includes provisions in respect of compliance with accessibility norms.
Categorization of persons with disabilities, and some important definitions
Section 2 [h]: “discrimination” in relation to disability, means any distinction, exclusion, restriction on the basis of disability which is the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field and includes all forms of discrimination and denial of reasonable accommodation.
Section 2 [w]: “public building” means a Government or private building, used or accessed by the public at large, including a building used for educational or vocational purposes, workplace, commercial activities, public utilities, religious, cultural, leisure or recreational activities, medical or health services, law enforcement agencies, reformatories or judicial for as, railway stations or platforms, roadways bus stands or terminus, airports or waterways.
Composition and Bird’s Eye View
Chapter 3 is on Education. It envisages duty of educational institutions, measures to promote and facilitate inclusive education and adult education.
Chapter 4 is on Skill development and employment. It comprises a comprehensive gamut of provisions which includes provisions relating to vocational training and self-employment, non-discrimination in employment, appointment of grievance redressal officer, institutionalization of equal opportunity policy, etc.
Chapter 5 is on Social Security, health, rehabilitation, and recreation. Provisions include those on social security, healthcare, rehabilitation, research and development, culture and recreation, and sporting activities, etc.
Chapter 6 is on Special provisions for persons with benchmark disabilities which is referred to in the subsequent segment, namely, part five of this narrative.
Illustrative glimpses of some specific/ special provisions
EDUCATION
Section 31 [1] stipulates that every child with a benchmark disability between the age of six to eighteen years shall have the right to free education in a neighborhood school or in a special school of his or her choice.
Subsection [2] of section 31 further enjoins it upon the appropriate government and local authorities to ensure that every child with a benchmark disability has access to free education in an appropriate environment till he attains the age of eighteen years.
EMPLOYMENT
Persons with blindness and persons with low vision – one per cent
Deaf and hard of hearing persons – one per cent
Persons with locomotor disabilities, including persons with cerebral palsy, leprosy-cured, dwarfism, acid attack victims, and muscular dystrophy – one percent
Persons with autism, intellectual disability, specific learning disability, mental illness, and persons with multiple disabilities including the deafblind – one percent
ALLOTMENT OF LAND
Section 37 provides for five per cent reservation in allotment of agricultural land and housing in all relevant schemes and development programmes, with appropriate priority to women with benchmark disability. It further provides for five per cent reservation in all poverty alleviation and various developmental schemes with priority to women with benchmark disability.
There is also provision for five per cent reservation in allotment of land on concessional rate, where such land is to be used for the purposes of promoting housing, shelter, setting up of occupation, business, enterprise, recreation centres, and production centres
Role of private sector vis-a-vis The RPD Act
41. (1) The appropriate Government shall take suitable measures to provide,—
(a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines;
(b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design;
(c) accessible roads to address mobility necessary for persons with disabilities.
Download – Rights of Persons with Disabilities 2016 by NASSCOM Foundation (PDF,807KB)
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