Rights of Persons with Disabilities Act, 2016

Question 1

What are the salient features?

Answer 1

Addition in types of disability:

Disability has been defined based on an evolving and dynamic concept.
The types of disabilities have been increased from existing 7 to 21.
The Central Government will have the power to add more types of disabilities.
Education:

Every child with benchmark disability will get free education from 6 to 18 years of the age.
Reservation:

Reservation to the differently abled person in the education and government jobs has been increased from 3% to 4%.
Infrastructure:

An important distinguishing feature of the 2016 Act is that it provides for time limits within which existing infrastructure and premises should be made disabled friendly.
The obligations laid down in the Act are mandatory for both government and private establishments.
Fund:

Creation of National and State Fund will be created 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.
Grant of guardianship:

The Bill provides for grant of guardianship by District Court, under which there will be joint decision, making between the guardian and the persons with disabilities.
Strict enforcement:

Special Courts will be designated in each district to handle cases concerning violation of rights of PwDs.
Persons with benchmark disabilities:

Additional benefits such as reservation in higher education, government jobs, reservation in allocation of land, poverty alleviation schemes etc. have been provided for persons with benchmark disabilities and those with high support needs.

Question 2

What was “The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995”?

Answer 2

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was enacted in 1995.
It was enacted to give effect to the Proclamation on the Full Participation and Equality of the People with Disability in the Asian & Pacific Region (Beiijing 1992).

Question 3

The aims and objectives of the 1995 Act were:

Answer 3

To spell out the responsibility of the state towards the prevention of disabilities, protection of rights, provision of medical care, education, training, employment and rehabilitation of persons with disabilities;

to create a barrier free environment for person with disabilities in the sharing of development benefits, vis-a –vis non disabled persons;

to counteract any situation of abuse and exploitation of persons with disabilities; and
to make special provision of the integration of persons with disabilities into the social mainstream.

Question 4

Where has the PwD Act, 1995 possibly lagged for which The Rights of Persons with Disabilities Bill – 2016 has been introduced?

Answer 4

• Absence of protection against discrimination
• Limitation in types of disability
• Absence of benchmark disabilities:
• Limited social security
• Gender specific clauses
• Weak enforcement