The Disability Rights India Foundation (DRIF) recently conducted an in-depth study on the application of the Rights of Persons with Disabilities (RPWD) Act across 24 Indian states. They found that over half of these states have yet to officially enact the State rules, with only ten, including Bihar, Chandigarh, Manipur, Meghalaya, Odisha, Telangana, Tamil Nadu and West Bengal, having done so.
Recognition of Rajasthan and the Accessible India Campaign
In a recent development, Rajasthan earned recognition as the best state for the implementation of the Accessible India Campaign during the International Day of Persons with Disabilities (December 3rd). This year’s theme, put forth by the United Nations (UN), was “Empowering persons with disabilities and ensuring inclusiveness and equality.” The focus was on the 2030 Agenda for Sustainable Development, which pledges to “leave no one behind.”
70th Anniversary of the Universal Declaration of Human Rights
This year also commemorates the 70th anniversary of the Universal Declaration of Human Rights. Article 41 of the Directive Principles of State Policy (DPSP) specifies that each State must make effective provisions for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement, within its economic capacity and development scope.
Important Provisions Under the Constitution
The subject of ‘relief of the disabled and unemployable’ is highlighted in the state list of the Seventh Schedule of the Constitution. The Accessible India Campaign (AIC) is the nationwide flagship campaign of the Department of Empowerment of Persons with Disabilities (DEPwD), Ministry of Social Justice and Empowerment. It seeks to create a barrier-free and conducive environment for Divyangjans throughout the country, having been launched on the International Day of Persons with Disabilities on 3rd December, 2015.
Right of Persons with Disabilities Act 2016
The Rights of Persons with Disabilities Act 2016 has redefined disability based on a dynamic and evolving concept. It has expanded the types of disabilities from a list of 7 to 21. Additions include mental illness, autism, spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, speech and language disability, thalassemia, hemophilia, sickle cell disease, multiple disabilities such as deaf blindness, acid attack victims, and Parkinson’s disease, that were largely ignored in the previous Act.
Provisions Under Right of Persons with Disabilities Act 2016
| Provision | Description |
|---|---|
| Additional Category Notification Authority | The Government can notify any other category of specified disability |
| Increased Reservation | Reservation quota increased from 3% to 4% in government jobs and from 3% to 5% in higher education institutes for persons with disabilities |
| Right to Education | Every child with benchmark disability between age group of 6 and 18 years shall have right to free education |
| Inclusive Education | Stress given to ensure accessibility in public buildings in a prescribed time frame along with Accessible India Campaign |
Regulatory Bodies and Financial Support
The Chief Commissioner for Persons with Disabilities and the State Commissioners will act as regulatory bodies and grievance redressal agencies, monitoring the implementation of the Act. Additionally, a separate National and State Fund will be created to provide financial support to persons with disabilities.
United Nations Convention on the Rights of Persons with Disabilities
The United Nations General Assembly adopted the Convention on the Rights of Persons with Disabilities in December 2006, and it came into effect in May 2008. This convention encourages member countries to develop and implement policies, laws, and administrative measures to secure the rights recognized within the Convention and abolish discriminatory laws, regulations, customs, and practices. It emphasizes the removal of obstacles and barriers to ensure that persons with disabilities can access their environment, transportation, public facilities, services, and information and communication technologies. It also urges member countries to recognize the right to an adequate standard of living and social protection.