Salient Features of RPwD Act

2016
YASHVINDER KAPIL.

BMR, MBA-DR ,BED SE-MR, MED SE -MR,

MA SOCIOLOGY, MSW
PG DIP NGO MGT.
kapilyash218@gmail.com
9478376936
 What are the basic needs of a PID
• Diagnosis
• Assessment for degree of Disability
• Disability certificates
• Screening and treatment co-morbid medical disorders
• Education and vocational Training
• Disability benefits
• Employment [ Govt/ Private/ self employed/ sheltered workshop]
• Residential services [ both respite care and long term]
• Caregivers assessment and training
• Home Based Care
• Training and up gradation of skills of the staff
• Prevention of Disability
 Paradigm Shift
Area Traditional Approach Contemporary Approach
Philosophy Charity Rights
Model Medical Socio Medical & holistic
Goal Transaction i.e pain relief or providing Transformation of life cycle basis
assistive device
Responsibility of Not Owned Owned as the handicap situation is
Environment & Society felt as the creation of environment
& society

Values Maintenance of the disabled is adequate Empowering is the ultimate goal of

the disability rehabilitation

Attitude Burden on the society and are not Part of the society and employable
employable
People working in NGO`s Voluntary minded Career Minded

Process Involved Adhocism Professionalism

• The Act replaces the Persons with Disabilities (Equal
Opportunities, Protection of. Rights and Full
Participation) Act, 1995.

• It fulfills the obligations to the United National

Convention on the Rights of Persons with Disabilities
(UNCRPD), to which India is a signatory.

• The Act came into force during December 2016.

• 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.
• Definitions based on an evolving and dynamic concepts
 Clearly defined
• “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.
 .
• “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.
 Rights and entitlements
• Responsibility has been cast upon the appropriate governments to take effective measures to
ensure that the persons with disabilities enjoy their rights equally with others.
•
Additional benefits such as reservation in higher education (not less than 5%), government jobs
(not less than 4 %), reservation in allocation of land, poverty alleviation schemes (5% allotment)
etc. have been provided for persons with benchmark disabilities and those with high support needs.
•
Every child with benchmark disability between the age group of 6 and 18 years shall have the
right to free education.
Government funded educational institutions as well as the government recognized institutions will
have to provide inclusive education to the children with disabilities.
For strengthening the Prime Minister's Accessible India Campaign, stress has been given to ensure
accessibility in public buildings (both Government and private) in a prescribed time-frame.
 Guardianship

• The Act provides for grant of guardianship by District Court under which
there will be joint decision – making between the guardian and the
persons with disabilities.
 Establishment of Authorities
• Broad based Central & State Advisory Boards on Disability are to be set up to serve as apex
policy making bodies at the Central and State level.
• Office of Chief Commissioner of Persons with Disabilities has been strengthened who will
now be assisted by 2 Commissioners and an Advisory Committee comprising of not more than
11 members drawn from experts in various disabilities.
• Similarly, the office of State Commissioners of Disabilities has been strengthened who will
be assisted by an Advisory Committee comprising of not more than 5 members drawn from
experts in various disabilities.
• The Chief Commissioner for Persons with Disabilities and the State Commissioners will act
as regulatory bodies and Grievance Redressal agencies and also monitor implementation
of the Act.
• District level committees will be constituted by the State Governments to address local
concerns of PwDs. Details of their constitution and the functions of such committees would be
prescribed by the State Governments in the rules.
• 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.
 Penalties for offences
• The Act provides for penalties for offences committed against persons with
disabilities and also violation of the provisions of the new law.

• Any person who violates provisions of the Act, or any rule or regulation made
under it, shall be punishable with imprisonment up to six months and/ or a fine of
Rs 10,000, or both. For any subsequent violation, imprisonment of up to two
years and/or a fine of Rs 50,000 to Rs five lakh can be awarded.
• Whoever intentionally insults or intimidates a person with disability, or
sexually exploits a woman or child with disability, shall be punishable with
imprisonment between six months to five years and fine.
• Special Courts will be designated in each district to handle cases concerning
violation of rights of PwDs.
 Composition:
• RPD 2016 consists of
• 1. Preamble
• 2. 102 sections spread over 17 chapters
• 3. List and definitions of 21 conditions recognised as specified disabilities
 .

•Chapter wise breakup of

the Act
 Chapter 1
• Preliminary: short title and provision regarding commencement of the Act.
 Chapter 2.
Rights and Entitlements: whole range
• Respect of equality and non- • Reproductive rights
discrimination
• Accessibility in voting
• Women and child with disabilities • Access to justice
• Community life • Legal capacity
• Protection from cruelty and inhuman • Provision for guardianship
treatment
• Home and family • Protection from abuse
• Violence and exploitation
 Chapter 3: Education
• Duties of Educational Institutions
• Measures to promote and facilitate inclusive education
• Adult Education
• Every child with a benchmark disability between the age of six
to eighteen shall have the right.to free education in a
neighbourhood school or in a special school of his or her
choice.

• Section 31 further enjoins it upon the appropriate government

and local authorities to ensure that every child with a bench
mark disability has access to free education in an appropriate
environment.
 Chapter 4: Skill Development and
Employment
• Comprehensive gamut of provisions:
• Vocational training
• Self-employment
• Non-discrimination in employment
• Appointment of grievance redressal officer
• Institutionalisation of equal opportunity policy
• etc
 Chapter 5:Social security, health,
Rehabilitation and recreation
• Social security. • Research and development.
• Healthcare. • Culture and recreation.
• Insurance schemes. • Sporting activities.
• Rehabilitation.
 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
Chapter 6:Special Provision for persons with benchmark
disabilities
Persons with "benchmark disabilities" are defined as those certified to have at least
40 per cent of the disabilities specified above. increased from existing 7 to 21

• Blindness
• Low-vision • Chronic Neurological conditions
• Leprosy Cured persons • Specific Learning Disabilities
• Hearing Impairment (deaf and hard of hearing) • Multiple Sclerosis
• Locomotor Disability • Speech and Language disability
• Dwarfism • Thalassemia
• Intellectual Disability • Hemophilia
• Mental Illness • Sickle Cell disease
• Autism Spectrum Disorder • Multiple Disabilities including deafblindness
• Cerebral Palsy • Acid Attack victim
• Muscular Dystrophy • Parkinson’s disease
Speech and Language Disability and Specific Learning Disability have been added for the first time.

Acid Attack Victims have been included.

Dwarfism, muscular dystrophy have has been indicated as separate class of specified disability.

The New categories of disabilities also included three blood disorders, Thalassemia, Hemophilia and
Sickle Cell disease.
 Free education for children with benchmark disabilities
.
Reservation in higher educational institutions.

Identification of posts for reservation.

Reservation.

Incentives to employers in private sector.

Special employment exchange.

Special schemes and development programmes.

Chapter 7: Special Provision for persons with
high support needs
 Chapter 8:Duties and responsibilities of
appropriate governments

• Awareness campaigns. • Time limit for making existing

• Accessibility.
• Access to transport.
• Access to information and
communication technology.
• Consumer goods.
• Mandatory observance of accessibility
norms.
infrastructure and premises accessible
and action for that purpose.
• Time limit for accessibility by service
providers.
• Human resource development.
• Social audit.
 Role of private sector vis-a-vis The RPD Act
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.
 Chapter 9: Registration of institutions for persons with
disabilities and grants to such institutions

• Competent authority. • Revocation of registration.

• Registration.
• Application and grant of
certificate of registration.
• Appeal.
• Act not to apply to institutions
established or maintained by
Central or State Government.
• Assistance to registered
institutions.
 Chapter 10. Certification of specified
disabilities

• Guidelines for assessment of specified disabilities.

• Designation of certifying authorities.
• Procedure for certification.
• Appeal against a decision of certifying authority.
Chapter 11. Central and state advisory boards on disability and
district level committee

• Constitution of Central Advisory Board • Terms and conditions of service of

on Disability. Members.
• Terms and conditions of service of • Disqualification.
members.
• Vacation of seats.
• Disqualifications. • Meetings of State Advisory Board on
• Vacation of seats by Members. disability.
• Meetings of the Central Advisory Board • Functions of State Advisory Board on
on disability. disability.
• Functions of Central Advisory Board on • District-level Committee on disability.
disability.
• Vacancies not to invalidate proceedings.
• State Advisory Board on disability.
 Chapter 12: Chief Commissioner And State Commissioner For
Persons With Disabilities
• Appointment of Chief Commissioner and
Commissioners.
• Functions of State Commissioner.
• Functions of Chief Commissioner.
• Action by appropriate authorities on
• Action of appropriate authorities on recommendation of State Commissioner.
recommendation of Chief Commissioner.
• Powers of State Commissioner.
• Powers of Chief Commissioner.
• Annual and special reports by State
• Annual and special reports by Chief Commissioner.
Commissioner.
• Appointment of State Commissioner in
State
 Chapter 13: Special Court

• Special Court.
• Special Public Prosecutor
Chapter 14: National Fund For Persons With
Disabilities

• National Fund for persons with disabilities.

• Accounts and audit.
 Chapter 15: State Fund For Persons With
Disabilities

• State Fund for persons with disabilities.

 Chapter 16: Offences And Penalties
• Punishment for contravention of provisions of Act or rules or
regulations made thereunder.
• Offences by companies.
• Punishment for fraudulently availing any benefit meant for
persons with benchmark disabilities.
• Punishment for offences of atrocities.
• Punishment for failure to furnish information.
• Previous sanction of appropriate Government.
• Alternative punishments.
 Chapter 17. Miscellaneous

• Application of other laws not barred.

• Protection of action taken in good faith.
• Power to remove difficulties.
• Power to amend Schedule.
• Power of Central Government to make rules.
• Power of State Government to make rules.
• Repeal and savings.
 LIMITATIONS
1) Limited guardianship has been explained to mean a system of joint decision which
operates on mutual understanding and trust between the guardian and the person with
disability, which shall be limited to a specific period and for specific decision and
situation and shall operate in accordance to the will of the person with disability. It is
also provided that on and from commencement of the Act, every guardian appointed
under any other law for time being in force shall be deemed to function as a limited
guardian.

2) Special needs of persons with mental illness (PMI) and their families have not
been properly addressed. PWD with mental illness require special and different types
of attention and care due to the nature of their illnesses. Frequently, persons with
severe mental illness are not in a position to be aware of their illness because of the
lack of insight. In these circumstances, their families are great asset in providing them
care and support. In our country, where personnel resources in mental health care are
extremely scarce, family is a very important asset in the management of mentalillness.
3) In the Act, the list has been expanded from 7 to 21 conditions and it now also
includes cerebral palsy, dwarfism, muscular dystrophy, acid attack victims, hard of
hearing, speech and language disability, specific learning disabilities, autism spectrum
disorders, chronic neurological disorders such as multiple sclerosis and Parkinson's
disease, blood disorders such as haemophilia, thalassemia, and sickle cell anaemia,
and multiple disabilities. Regarding the medical disorder, which type and severity to
be included is not clear.

4) Mental health disabilities like intellectual disabilities, specific learning disabilities

and autism spectrum disorders are clubbed together creating confusion for the
certifying doctors and implementing Government departments.
Also in section 34, lot of disabilities are put in one category for reservation so which
one to prefer is not clear.
5) Disproportionately, lower number of jobs reserved for persons living with mental
illness, persons with intellectual impairment, autism, specific learning disability and
multiple disability (1% for all five taken together) also suggest an assumption of
incapacity of the PMI.
Chapters of education, vocational, and self-employment are silent on the specific
measures that need to be taken to ensure the realization of the rights for PMI.
Moreover, considering the attitudinal and environmental barriers faced by PMI, there
should have been special emphasis and social welfare measures to bring them into
mainstream.
6) Duration of actual implementation of the all the services in the Act are not given.
7) Various measures to create awareness regarding disability are not there as most PWD
are residing in rural areas.
8) All these chapters are important to Psychiatrists while chapters 1, 5 , 10 and 11
hold special importance as the provisions in these chapters are closely associated
with the ethics of physical and mental health professionals. While framing rules
under this Act, the professional ethics and freedom of expression of Psychiatrists
should be protected. Chapter 11 deals with constitution of Advisory Boards and
nomination of members. Psychiatrists should have adequate representation in
these bodies at National, State and local levels.
9) It would have been nice to prefix the term 'chronic/ long standing/ prolonged'
before Mental Illness as a disability.
10) Details regarding jobs according to disability not included in act.
11) In multiple disabilities, cerebral palsy not included.
 SCOPE
1) Necessary schemes and programs to safeguard and promote the PWD for living in
the community are to be launched by the Government.
2) Appropriate healthcare measures, insurance schemes, and rehabilitation programs
for the PWD are also to be undertaken by the Government.
3) Cultural life, recreation, and sporting activities are also to be taken care of.
4) All Government institutions of higher education and those getting aid from the
Government are required to reserve at least 5% of seats for persons with benchmark
disabilities.
5) Four percent reservation for persons with benchmark disabilities is to be provided
in posts of all Government establishments with differential quotas for different forms
of disabilities.
6) Incentives to employer in private sector are to be given who provide 5%
reservation for persons with benchmark disability.
7) Special employment exchanges for the PWD are to be set up.
8) Awareness and sensitization programs are to be conducted and promoted regarding the
PWD.
9) Standards of accessibility in physical environment, different modes of transports, public
building and areas are to be laid down which are to be observed mandatorily and a 5-year
time limit is provided to make existing public building accessible.
10) Access to information and communication technology is to be ensured.
11) The Central and State Advisory Boards on disability are to be constituted to perform
various functions assigned under the Act. District level Committees are also to be
constituted by the State Government. Chief Commissioner and two Commissioners for
PWD are to be appointed by the Central Government at the central level for the purposes of
the Act. Similarly, State Commissioners for PWD are to be appointed by the State
Governments.
12) National Funds for PWD and State Funds for PWD are to be constituted at the
central and state levels respectively by the appropriate Governments.
13) Contraventions of the provisions of the Act have been made punishable by a fine of
an amount up to ten thousand for first contravention and fifty thousand extendable up
to five lakhs for subsequent contraventions. Atrocities on PWD have been made
punishable with imprisonment of 6 months extendable to 5 years and with fine.
Fraudulently availing of the benefits meant for PWD has also been made punishable.
14)District level committees have been included for further convenience of
implementation of services .
 CONCLUSION
The Act lays stress on non-discrimination, full and effective participation and
inclusion in society, respect for difference and acceptance of disabilities as part of
human diversity and humanity, equality of opportunity, accessibility, equality
between men and women, respect for the evolving capacities of children with
disabilities, and respect for the right of children with disabilities to preserve their
identities.(2) But there are lot of limitations in this act which needs to be
addressed so that better life of such individual in future is there. In future such
people will require support at various levels and implementation will require great
effects by everyone as a society in time ahead.