RPWD ACT 2016

THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

SARATHRAJ. R
The Rights of Persons with Disabilities (RPWD) Act, 2016 is a
landmark legislation in India aimed at ensuring equal opportunities,
protection of rights, and full participation for persons with disabilities.

Replacing PWD 1995 Act, it aligns with the United Nations

Convention on the Rights of Persons with Disabilities
(UNCRPD)

he Act recognizes 21 disabilities, up from 7 in the previous law,

ensuring a broader range of disabilities receive legal protection and
benefits
 TABLE OF CONTENTS
 KEY PROVISIONS
 DEFINITIONS
 RESERVATIONS FOR PWD
 TYPES OF DISABILITIES
 OFFENCES AND PENALTIES
 LIMITATIONS OF RPWD
Expansion of Disability Categories Act recognizes 21 disabilities, up from 7

Rights and Entitlements Equality and Non-Discrimination

Protection Against Cruelty and Inhuman Treatment

Right to Live in the Community

Education Promotes inclusive education by ensuring that children with disabilities have access to
mainstream schools with necessary support services.

Employment Reservation increased from 3% to 4% for persons with disabilities in government jobs

Accessibility Mandatory accessibility features in all new public buildings, and existing public buildings
are required to be made accessible and ensures accessible public transport system

Legal Capacity Provision for limited guardianship, where a guardian supports a person with disabilities in
making legal decisions

Recognizes that persons with disabilities have the right to equal recognition before the
law.
 DEFINITIONS
 Person with Disability: A person with long term physical, mental, intellectual or
sensory impairment which, in interaction with barriers, hinders his full and effective
participation in society equally with others
 person with benchmark disability means a person with not less than forty per cent. of
a specified disability where specified disability has not been defined in measurable
terms and includes a person with disability where specified disability has been defined in
measurable terms, as certified by the certifying authority
 Rehabilitation refers to a process aimed at enabling persons with disabilities to attain
and maintain optimal, physical, sensory, intellectual, psychological environmental or
social function
 Inclusive education means a system of education wherein students with and without
disability learn together and the system of teaching and learning is suitably adapted to
meet the learning needs of different types of students with disabilities;
 Registered organisation means an association of persons with disabilities or a disabled person
organisation, association of parents of persons with disabilities, association of persons with
disabilities and family members, or a voluntary or non-governmental or charitable organisation or
trust, society, or non-profit company working for the welfare of the persons with disabilities, duly
registered under an Act of Parliament or a State Legislature

 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

 Care-giver means any person including parents and other family Members who with or without
payment provides care, support or assistance to a person with disability

 Barrier means any factor including communicational, cultural, economic , environmental,

institutional, political, social, attitudinal or structural factors which hampers the full and effective
participation of persons with disabilities in society;
1)PHYSICAL DISABILITIES

 Locomotor Disability: Impairment of bones, joints, or muscles restricting movement

 Leprosy Cured Person: Person cured of leprosy but with residual physical impairments

 Cerebral Palsy: Group of disorders affecting movement and muscle tone due to brain damage

 Dwarfism: Genetic or medical condition resulting in short stature

 Muscular Dystrophy: Genetic diseases causing progressive muscle weakness

 Acid Attack Victims: Individuals disfigured due to acid violence

 Blindness: Complete absence of sight or severe visual impairment(visual acuity less than 3/60 or less
than 10/200 (Snellen)

 Low Vision: Significant visual impairment that cannot be corrected with standard measures(visual
acuity not exceeding 6/18 or less than 20/60 upto 3/60 or upto 10/200 (Snellen)
 Hearing impairment :
(a) “deaf” means persons having 70 DB hearing loss in speech frequencies in both
ears
(b) “hard of hearing” means person having 60 DB to 70 DB hearing loss in speech
frequencies in both ears

 Speech and language disability means a permanent disability arising out of

conditions such as laryngectomy or aphasia affecting one or more components of
speech and language due to organic or neurological causes.
2) Intellectual Disabilities
condition characterized by significant limitation both in intellectual functioning
(reasoning, learning, problem solving) and in adaptive behaviour which covers a range
of every day, social and practical skills including

(a) Specific learning disabilities

means a heterogeneous group of conditions wherein there is a deficit in processing
language, spoken or written, that may manifest itself as a difficulty to comprehend,
speak, read, write, spell, or to do mathematical calculations and includes such
conditions as perceptual disabilities, dyslexia, dysgraphia, dyscalculia, dyspraxia
and developmental aphasia
(b) Autism spectrum
disorder means a neuro-developmental condition typically appearing in the first three
years of life that significantly affects a person's ability to communicate, understand
relationships and relate to others, and is frequently associated with unusual or
stereotypical rituals or behaviours
3. Mental behaviour
“mental illness” means a substantial disorder of thinking, mood,
perception, orientation or memory that grossly impairs judgment,
behaviour, capacity to recognise reality or ability to meet the
ordinary demands of life, but does not include retardation which is
a condition of arrested or incomplete development of mind of a
person, specially characterised by sub normality of intelligence.
4. Disabilities Caused Due to Various Reasons

 Multiple Sclerosis: Chronic disease affecting the central nervous system

causing neurological problems

 Parkinson's Disease: Neurodegenerative disorder affecting movement

 Hemophilia: Genetic disorder affecting blood's ability to clot

 Thalassemia: Inherited blood disorder causing abnormal hemoglobin

production
 Sickle Cell Disease: Genetic disorder causing red blood cells to become
misshapen.
 Multiple Disabilities: Combination of two or more disabilities, affecting
overall functioning.
RESERVATIONS UNDER THE RPWD ACT

 EMPLOYMENT RESERVATION
The Act mandates a reservation of 4% of government jobs for persons with
benchmark disabilities
Breakdown of Reservation:
1) 1% for persons with blindness and low vision.
2) 1% for persons with hearing impairment and speech disabilities
3) 1% for persons with locomotor disabilities including cerebral palsy,
leprosy cured, dwarfism, acid attack victims, and muscular dystrophy
4) 1% for persons with autism, intellectual disabilities, specific learning
disabilities, and mental illnesses, and multiple disabilities from amongst
persons under clauses (a) to (d) including deaf-blindness.
 EDUCATIONAL RESERVATIONS
The Act promotes inclusive education by ensuring that children with disabilities have access to
mainstream schools and receive the necessary support and accommodation
Reservation in Higher Educational Institutions
The Act mandates a 5% reservation for persons with benchmark disabilities in higher
educational institutions. This includes both government and government-aided institutions, as
well as other educational institutions receiving aid from the government.
Inclusive Education
The Act promotes inclusive education by ensuring that children with disabilities have access to
mainstream schools and receive the necessary support and accommodations.

Scholerships and fee concessions

The Act provides for scholarships, grants, other financial supports and fee concessions for the
PWD
 Reservation in Allocation of Land:
The Act mandates that persons with disabilities be given preference in the allotment of
agricultural land and housing schemes, including under the poverty alleviation schemes.

Reservation in Land Allocation

• 5% reservation in allotment of land and housing.
• 5% reservation in poverty alleviation schemes.
• Priority in the allocation of land on concessional rates, where such land is available
 OFFENCES AND PENALTIES
OFFENCES PENALITIES
Fine up to ₹10,000 (first contravention)

General violation of Act provisions

Fine ₹50,000 - ₹5,00,000 (subsequent
contraventions)
Fraudulent availing of benefits Imprisonment up to 2 years and/or fine up
to ₹1,00,000

Abuse or violence against persons with Imprisonment up to 5 years and fine

disabilities

intentionally insults or intimidates with intent to 6 months of imprisonment and/or fine

humiliate

Failure to provide accessibility

Fine up to ₹10,000 (first contravention)
.
Fine ₹50,000 - ₹5,00,000 (subsequent
contraventions)
LIMITATIONS OF RPWD ACT

1.Implementation Challenges
-Lack of awareness and bureaucratic delays hinder effective
implementation.
2. Infrastructure and Accessibility
- Inadequate accessibility in public places and inconsistent compliance
with standards.
3.Education and Employment
- Insufficient resources and trained educators for inclusive education.
- Low utilization of job reservations and limited private sector
employment.
4.Monitoring and Enforcement
- Weak enforcement mechanisms and slow grievance redressal
processes.
5.Financial Constraints
- Insufficient funding and sustainability issues for support services.
6. Certification and Identification
- Complex and lengthy process for obtaining disability certificates.
7.Intersectionality
- Insufficient addressing of the intersection of disability with other
social factors like gender and socio-economic status.
8.Awareness and Training
- Lack of sensitization and training among public officials, educators,
and employers.
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RPWD ACT 2016

THANKYOU