Rights of Persons with Disabilities Act, 2016 | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• The Rights of Persons with Disabilities Act, 2016, replaced the previous legislation to protect the rights and dignity of disabled individuals in India.
• In the 1980s, there was a shift towards providing opportunities for disabled individuals to participate in society, leading to the enactment of various policies and laws to address their needs.

Need for the Rights of Persons with Disabilities Act, 2016

• The Act aimed to safeguard the interests of people with disabilities, prevent discrimination, and promote inclusivity in society.
• India's international obligations under the United Nations Convention on the Rights of Persons with Disabilities influenced the enactment of this Act.
• The Act broadened the definition of disability to include a wider range of conditions, ensuring comprehensive coverage.

Overview of Rights of Persons with Disabilities Act, 2016

• The Act defines a "person with disability" as someone with long-term impairments affecting their participation in society.
• It emphasizes rehabilitation, focusing on education, employment, and health, with financial support provided to organizations aiding in rehabilitation.

Objectives of Rights of Persons with Disabilities Act, 2016

• The primary goal is to ensure equality, dignity, and respectful living for disabled individuals.
• The Act aims at full societal participation, inclusive education, and employment opportunities for people with disabilities.

Salient features of Rights of Persons with Disabilities Act, 2016

Rights of disabled persons

• Disabled individuals have the right to equality, protection from discrimination, and to live in the community without coercion.
• They are safeguarded from forced medical procedures, have access to accessible polling booths, and are protected from violence and exploitation.
• Employees acquiring disabilities while in service are provided with job security and cannot be demoted in pay.

Examples

• For instance, the Act ensures that disabled individuals cannot be discriminated against and must be treated with dignity and respect in all spheres of life, including employment.
• If a person with a disability faces violence or abuse, the Act mandates reporting to the appropriate authority for intervention and protection.
• Moreover, the provision protecting employees acquiring disabilities during service exemplifies the Act's commitment to upholding the rights and job security of disabled individuals.

Educational Safeguards

• Government-funded educational institutions under Chapter III of the Act are mandated to offer inclusive education to disabled children.
• Educational institutions must avoid discrimination against children with disabilities and provide them with education, sports, and recreational opportunities.
• They should ensure reasonable accommodation, enhance campus accessibility, and use appropriate communication methods for deaf and blind students.
• Transport facilities should be provided, and the progress of disabled students should be monitored.
• Section 17 focuses on promoting inclusive education through the establishment of training institutes and training programs for staff.
• Children with benchmark disabilities are entitled to free educational materials until the age of 18.
• Section 32 mandates a 5% reservation for disabled individuals in government higher education institutes and those receiving government funding.

Skills, Development, and Employment of Disabled Persons

• Prohibition of Discrimination: The Act includes provisions to promote the skill development and employment of disabled individuals. Discrimination against disabled persons in employment matters is strictly forbidden.
• Reasonable Accommodation: Government establishments are required to provide reasonable accommodations for disabled employees. They are not allowed to demote employees who acquire a disability during their employment.
• Promotion: Disabled individuals cannot be denied promotions solely based on their disability.
• Equal Opportunity Policy: Every establishment must have an equal opportunity policy, which needs to be registered with the Chief or State Commissioner to promote fairness and inclusivity.
• Grievance Redressal Officer: Each establishment must appoint a grievance redressal officer. This officer is responsible for addressing complaints of discrimination based on disability. The officer must maintain a complaint register, and investigations into each complaint must be completed within two weeks of registration.

Equal Recognition Before Law and Guardianship

• People with disabilities have the right to be equally recognized before the law, granting them the same legal status as other individuals. This includes the right to inherit, own property, and manage their finances independently.
• In situations where a disabled individual encounters challenges in making legally binding decisions, Section 14 of the law introduces the concept of a limited guardian. This guardian is appointed to assist the disabled person and can make legal decisions on their behalf.
• Limited guardianship involves collaborative decision-making between the disabled person and the appointed guardian, based on trust and understanding. The appointment of a limited guardian can be made by the District Court or an authority specified by the State Government.
• The disabled person retains the right to challenge the appointment of a limited guardian by the designated authority if they disagree with the decision.

Special Provisions under the Act for People with Benchmark Disabilities

• Children with benchmark disabilities are entitled to free education until they reach 18 years of age, either in a nearby school or a specialized institution.
• Government educational institutions and those receiving government funding must reserve at least 5% of seats for children with benchmark disabilities.
• The government is responsible for identifying roles that can be set aside for individuals with benchmark disabilities. An expert panel will determine suitable positions, which must be reviewed every three years.
• Every government body must reserve a minimum of 4% of job openings for individuals with benchmark disabilities.
• The Act encourages private organizations to hire individuals with benchmark disabilities by offering incentives.

Social Security and Healthcare

• Chapter V of the Act contains specific provisions for individuals with disabilities regarding social security and healthcare.
• Section 24 of the Act mandates the government to create schemes that enhance the living standards of disabled individuals and promote independent living.
• Government schemes should consider factors such as age, economic status, social status, nature of disability, and gender of disabled individuals.
• Community centers should be established to offer counseling, guidance, safety, and medical care to disabled individuals.
• Government support should be extended to disabled individuals during natural disasters and to abandoned children with disabilities.
• Policies should be designed to provide unemployment allowances to disabled individuals who have been unable to secure employment for two or more years.
• Section 25 of the Act requires the government to ensure that disabled individuals have access to free healthcare, especially in rural areas.
• Priority in treatment and barrier-free access to healthcare facilities should be provided to disabled individuals.

Duties and Responsibilities of the Appropriate Government under the Rights of Persons with Disabilities Act, 2016

• Organizing Awareness Campaigns:
  • The appropriate government is tasked with conducting awareness and sensitization campaigns to safeguard the rights of disabled individuals as outlined in the Act.
  • For instance, they should collaborate with the Chief Commissioner or State Commissioner to organize these campaigns effectively.
• Accessible Modes of Transport:
  • The government is required to make modes of transport, such as railways, buses, and airports, accessible to disabled individuals.
  • This includes ensuring that ticketing procedures, toilets, and parking facilities cater to the needs of disabled people.
  • Moreover, roads should also be designed to be accessible for individuals with disabilities.
• Promotion of Consumer Goods:
  • The government must support the development and distribution of consumer goods that are commonly used by disabled individuals.
• Accessibility of Technology and Information:
  • Steps should be taken to make technology, communications, and information, including print and electronic media, accessible to disabled individuals.
• Social Audit of Welfare Schemes:
  • The appropriate government is mandated to conduct a social audit of welfare schemes to ensure they meet the needs of disabled individuals and do not have adverse effects on them.
  • This process allows for necessary modifications to be made to the schemes to align with the objectives of the Act.

Registration of Institutions for People with Disabilities

• Chapter IX of the Act outlines the process for registering institutions catering to individuals with disabilities.
• The state government appoints the competent authority responsible for institution registration.
• The competent authority, as per Section 50, issues certificates to disabled-focused institutions after evaluating applications.
• Application procedures are determined by the state government, and the competent authority may conduct inquiries to verify compliance with the Act.
• If all conditions are met, the competent authority issues a registration certificate; otherwise, it may be refused.
• Section 52 empowers the competent authority to revoke certificates if violations or false information are detected.
• An appeal process under Section 53 allows for challenging the competent authority's decisions.

Advisory Board and District Level Committee

Central Advisory Board

• The Central Advisory Board, as outlined in Section 60 of the Act, is chaired by the Minister in charge of the Department of Disabled Persons, with the Vice Chairman being the Minister of State overseeing the same department.
• Consisting of three members of Parliament, two elected by the lower house and one by the Rajya Sabha, board members serve a three-year term, subject to removal by the Central Government.
• Disqualifications for board membership include insolvency, unsoundness of mind, or conviction of an offense (as per Section 62).

State Advisory Board

• The State Advisory Board comprises members with expertise in disability matters and rehabilitation, along with representatives from districts, NGOs, and associations involved in disability-related issues.
• Members, appointed for three years, can be removed by the Central Government and must meet certain eligibility criteria.
• The boards play a crucial role in advising state governments on policies, coordinating activities, and advocating for the rights of disabled individuals.

District Level Committees

• Established under Section 72, these committees address local grievances of people with disabilities, with rules prescribed by state governments for their functioning.

Chief Commissioner and State Commissioner

Chief Commissioner

• The Chief Commissioner, appointed by the Central Government, may have two additional commissioners assisting, with one of them required to be a disabled person.
• Empowered under Section 77, the Chief Commissioner can summon witnesses, demand documents, and conduct inquiries.

State Commissioner

• Appointed by state governments, State Commissioners must possess expertise in rehabilitation matters, and their powers are defined in Section 82.
• State Commissioners have authority to summon witnesses, receive affidavit evidence, and issue commissions for document examination.

Special Courts

• Set up by state governments in collaboration with the Chief Justice of the respective high court, special courts (as per Section 84) ensure swift resolution of cases involving violations of disabled persons' rights.

National and State Funds

• Provision for the establishment of a national fund for disabled individuals is outlined in Section 86.
• Section 88 pertains to the establishment of state funds specifically designated for disabled persons.
• The government is mandated to maintain accurate accounts and records for both the national and state funds allocated for the benefit of disabled individuals.
• These funds are intended to offer financial assistance and support to individuals with disabilities.

Punishment

• Violations of the Act can lead to fines of up to Rs. 10,000 for the first offense and up to Rs. 5,00,000 for subsequent offenses.
• Committing atrocities against disabled individuals can result in a maximum of 5 years of imprisonment, in addition to a fine.
• Unfairly benefiting from provisions for the welfare of those with benchmark disabilities may lead to a prison term of up to two years, a fine of up to Rs. 1,00,000, or both.

Landmark Judgments surrounding Rights of Persons with Disabilities Act, 2016

Important legal decisions related to the implementation of the Rights of Persons with Disabilities Act, 2016.

Vikash Kumar v. Union Public Service (2021)

• In the important legal case of Vikash Kumar v. Union Public Service Commission & Ors. (2021), the appellant, who had writer's cramp, was initially denied a scribe during the civil services examination.
• The appellant tried to obtain a disability certificate at Ram Manohar Lohia Hospital in Delhi, but his request was rejected.
• After unsuccessful appeals to the Central Administrative Tribunal and the Delhi High Court, the appellant eventually managed to secure the disability certificate.
• Upon approaching the Supreme Court, the court instructed AIIMS to form a board and assess the appellant's condition. The report highlighted that the appellant had a disability but not a benchmark disability.

Observations of the Supreme Court

• The Supreme Court emphasized that according to government guidelines, only individuals with benchmark disabilities were entitled to a scribe during exams.
• The Ministry of Social Justice and Empowerment acknowledged that there could be other medical conditions affecting a candidate's writing ability, allowing examination agencies to make decisions on providing a scribe or similar assistance.
• The court highlighted the importance of Articles 14, 19, and 21, which protect the rights of disabled individuals, emphasizing that the Constitution ensures complete citizenship for people with disabilities, with the 2016 Persons with Disabilities Act reinforcing this commitment.
• Besides preventing discrimination, the court stressed the necessity of offering additional support and facilities to ensure full participation for disabled individuals in society.
• Referring to the principle of reasonable accommodation, the court stated that the State has a duty to provide extra facilities to enable disabled individuals to participate fully in society.
• The court mentioned a previous judgment involving V Surendra Mohan v. State of Tamil Nadu (2019), where it was ruled that individuals with over 50% visual or hearing impairment would not be eligible for a judicial officer position based on the Persons with Disabilities Act of 1995. However, this judgment was not considered a binding precedent as it did not account for the principle of reasonable accommodation.
• Ultimately, the court concluded that denying a scribe to the appellant, who faced difficulties with writing due to his disability, would contravene the purpose of the Act designed to protect disabled individuals.

State Of Kerala v. Leesamma Joseph (2021)

• Case Background:
  • The Supreme Court addressed whether disabled individuals are entitled to reservation in promotion under the 1995 and 2016 Acts.
• Interpretation of Acts:
  • The Court analyzed the provisions of the Acts to determine the rights of disabled persons.
  • It emphasized the importance of translating legislative intentions into societal actions.
• Equal Opportunity:
  • The Acts aim to provide equal opportunities for disabled individuals.
  • Reservation in promotion is seen as a means to offer such opportunities.
• Reasonable Accommodation:
  • Section 20(2) of the Act mandates government establishments to provide reasonable accommodation for disabled individuals.
  • This includes creating a conducive environment for their growth and development.
• Court's Decision:
  • The Court ruled that disabled individuals are indeed entitled to reservations in promotion.

Disabled Right Group v. Union Of India (2017)

• The Disabled Right Group v. Union of India (2017) case involved a public interest litigation addressing the non-implementation of reservation provisions for disabled individuals in educational institutions.
• The court emphasized the barriers faced by disabled individuals in society and highlighted the importance of providing them with ample opportunities to reach their full potential.
• The 2016 Act expanded welfare provisions for disabled individuals, ensuring free education for children aged 6 to 18, going beyond the Rights of Children to Free and Compulsory Education Act, 2009.
• Disabled individuals not only have the right to basic education but also to higher education.
• The court mandated that all educational institutions adhere to the reservation provisions of the Act, with regulatory bodies like the UGC and Bar Council of India tasked with ensuring compliance through inspections.

Key Observations from Union of India & Anr. v. National Federation of the Blind (2013)

• Employment is crucial for the full participation, empowerment, and inclusion of disabled individuals. Lack of jobs for disabled persons is primarily due to societal barriers, not their functional disabilities.
• The 50% cap on reservations, as set by the Indra Sawhney v. Union of India (1992) ruling, is specifically applicable to reservations for Other Backward Castes and does not restrict reservations for disabled persons.
• Both the Central Government and state governments have a responsibility to implement welfare measures for disabled individuals. This duty is grounded in Constitutional provisions and international agreements to which India is a signatory.

It is crucial to recognize that employment plays a pivotal role in enabling disabled individuals to actively engage in society and lead fulfilling lives. By removing societal obstacles and providing adequate support, we can create a more inclusive environment for all members of our community.

Avni Prakash v. National Testing Agency (2021)

• Avni Prakash v. National Testing Agency (2021) involved a petitioner seeking reasonable accommodation due to a 40% permanent disability and dysgraphia.
• The National Testing Agency (NTA) was found responsible for not providing the required facilities during the National Eligibility and Entrance Test (NEET).
• The Court emphasized the need for the NTA to ensure all exam centers are aware of provisions for disabled individuals to uphold equality and reasonable accommodation.

Drawbacks and Suggestions for Rights of Persons with Disabilities Act, 2016

• The Act allows for limited guardianship but lacks provisions for individuals with psychiatric disabilities who may lack insight, potentially making them vulnerable to guardian influence.
• Section 9 mandates that a disabled child stays with parents unless separation is deemed in the child's best interest by the court.
• Section 13(3) requires the withdrawal of support in case of conflict between a disabled person and their supporter, which may hinder assistance in cases of mental disability.
• While aiming for inclusive education, the Act faces challenges due to teacher shortages and the varied needs of severely disabled children.
• The certification process's lengthiness can deny immediate rights to disabled individuals, suggesting the need for a more streamlined approach.

Conclusion

• The Rights of Persons with Disabilities Act, 2016 signifies a shift towards a rights-based approach, ensuring social and economic justice for disabled individuals.
• Regular monitoring is crucial for effective implementation of the Act to prevent denial of statutory rights to the disabled population.