The Rights of Persons with Disabilities Act, 2016 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

This Act aims to implement the United Nations Convention on the Rights of Persons with Disabilities and other related matters. The Convention was adopted by the United Nations General Assembly on December 13, 2006.

A Landmark Move for Persons with Disabilities

• The Union, states, and Union Territories are obligated to address the issue of disabilities. It is crucial to ensure that all government buses are designed to be accessible to persons with disabilities, following the harmonized guidelines.
• The concept of disability has been defined based on a dynamic and evolving approach. The Act has expanded the types of disabilities from 7 to 21, including mental illness, autism, spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, speech and language disabilities, thalassemia, haemophilia, sickle cell disease, multiple disabilities, including deaf blindness, acid attack victims, and Parkinson’s disease, which were previously overlooked. Additionally, the government has the power to identify and recognize other types of specified disabilities.
• The Act increases the percentage of job and education reservation for people with disabilities from 3% to 4% and 3% to 5%, respectively. Every child with a benchmark disability between the ages of 6 and 18 has the right to receive free education, and government-funded educational institutions and recognized institutions must provide inclusive education.
• The Act emphasizes ensuring accessibility in public buildings within a specified timeframe as part of the Accessible India Campaign. The Chief Commissioner for Persons with Disabilities and the State Commissioners will serve as regulatory and grievance redressal agencies, monitoring the implementation of the Act.
• A separate National and State Fund will be established to provide financial assistance to persons with disabilities.

Shortcomings of the act

• The Act has some shortcomings, such as the mandatory clauses on non-discrimination in employment applying only to government establishments.
• The Act also continues with the provision of having a chief commissioner and state commissioners who are not required to be Persons with Disabilities or members of their advisory committees.
• Although the Supreme Court has stated that reservations should be based on the total number of vacancies, the Act still uses the government's identified posts for persons with benchmark disabilities. Additionally, there is no specified time frame for issuing certificates of disability, causing bureaucracy issues for PWDs.
• Although the amended bill defines public buildings and facilities and services, it lacks political will to address basic issues of accessibility, including information and communication technology.

Way forward

• Moving forward, the successful implementation of the RPWD Act, 2016, which is a legislation based on the rights of persons with disabilities, will largely depend on the proactive measures taken by the respective state governments.
• It is crucial to utilize the vast human capital of disabled individuals, and the proposed new law, which has a strong institutional mechanism and is based on robust rights, is expected to ensure equal enjoyment of rights for disabled individuals compared to non-disabled individuals in India.
• Moreover, the certification of disabilities has become more accessible, as primary health care doctors can issue many disability certificates after specific training, which will be particularly beneficial for disabled patients in rural areas.
• However, the guidelines for disability certification should have also empowered private practicing doctors to issue certifications, which could have addressed the shortage of human resources, while maintaining adequate checks and balances.

Conclusion

• The conclusion drawn is that without a strong commitment towards implementing the two aforementioned fundamental changes, society will continue to be an environment where disabled individuals face numerous obstacles in achieving success. 
• While it is common to admire those who have overcome such barriers, it is important to reflect on the root causes of their struggles and take action to address them.