RPWD Act 2016

(Right of Persons with Disabilities)

DR. SONALI MUKHERJEE
Disability

► Two acronyms has been used to define Disability.

► Individuals with Disabilities (IWD)

► Individuals without Disabilities IWOD(s)

Disability

► A disability is any condition of the body or mind (impairment) that makes

it more difficult for the person with the condition to do certain activities
(activity limitation) and interact with the world around them (participation
restrictions).

► Types of disabilities,
► including physical, cognitive, and psychiatric disabilities.
Types of Disabilities

► There are many types of disabilities, such as those that affect a

person’s:
► Vision
► Movement
► Thinking
► Remembering
► Learning
► Communicating
► Hearing
► Mental health
► Social relationships
Nature of Disabilities

► Although “people with disabilities” sometimes refers to a single

population, this is actually a diverse group of people with a wide range
of needs.

► Two people with the same type of disability can be affected in very
different ways. Some disabilities may be hidden or not easy to see
Dimensions of Disability -WHO

► According to the World Health Organization, disability has three

dimensions:
1. Impairment in a person’s body structure or function, or mental
functioning; examples of impairments include loss of a limb, loss of
vision or memory loss.
2. Activity limitation, such as difficulty seeing, hearing, walking, or
problem solving.
3. Participation restrictions in normal daily activities, such as working,
engaging in social and recreational activities, and obtaining health care
and preventive services.
Disability can be:-

• Related to conditions that are present at birth and may affect functions later in life,
including cognition (memory, learning, and understanding), mobility (moving around in
the environment), vision, hearing, behavior, and other areas. These conditions may be
• Disorders in single genes

o Disorders of chromosomes (for example, Down syndrome and

o The result of the mother’s exposure during pregnancy to infections (for example,
rubella) or substances, such as alcohol or cigarettes.
 Cont’d…

• Associated with developmental conditions that become apparent during childhood (for
example, autism spectrum disorder and attention deficit hyperactivity disorder or ADHD
• Related to an injury (for example, traumatic brain injury, or spinal cord injury.
• Associated with a longstanding condition (for example, diabetes), which can cause a disability
such as vision loss, nerve damage, or limb loss.
• Progressive (for example, muscular dystrophy, static (for example, limb loss),
or intermittent (for example, some forms of multiple sclerosis
What is Impairment ?

► Impairment is an absence of or significant difference in a person’s

body structure or function or mental functioning.

► For example, problems in the structure of the brain can result in

difficulty with mental functions, or problems with the structure of the
eyes or ears can result in difficulty with the functions of vision or
hearing.
 Structural impairments and
Functional Impairments
• Structural impairments are significant problems with an internal or external
component of the body. Examples of these include a type of nerve damage that can
result in multiple sclerosis, or a complete loss of a body component, as when a limb has
been amputated.

• Functional impairments include the complete or partial loss of function of a body

part. Examples of these include pain that doesn’t go away or joints that no longer
move easily.
 THE RIGHTS OF PERSONS WITH DISABILITIES
ACT, 2016 - AN OVERVIEW
► The RPWD Act was enacted in December 2016. It promotes and protects the rights and dignity of people
with disabilities in various aspects of life – educational, social, legal, economic, cultural and political.

► It applies to government, non government and private organizations.

► It has mandates and timelines for establishments to ensure accessibility of infrastructure and services.
► It has implementing mechanisms like Disability Commissioner’s Offices at the Centre and State level,
District Committees, Boards and Committees for planning and monitoring the implementation of the Act,
Special Courts at District level and so on.
► It has penalties in case of violation of any provisions of the Act.
 The Rights of Persons with Disabilities
Act, 2016
► It received the President’s assent on 27th December, 2016. (ii) notified in The Gazette
of India on 28th December, 2016.

► The Act is comprehensive in nature with broader outlook and reach including all areas
of life, including : Education, employment, family and community life, treatment and
therapy public facilities etc.....

► This Act gives effect to the United Nations Convention on Rights to Persons with
Disabilities (UNCRPD) which was adopted in the UN General Assembly in 2016
 Cont’d…

► Government of India initially undertook the amendment of laws such as Persons with
Disability Act, 1995 (PWD Act 1995).

► • The Rights of Person with Disabilities Act, 2016 replaced the PWD Act 1995 to comply with
the UNCRPD.
 Background

► The Rights of Persons with Disabilities Act, 2016 is a good beginning. But the rights of
Disabled will be protected only if this Act will be implemented in its true spirit.

► • Entire government machinery and the society at large will have to be sensitized
towards the needs and equality of the disabled person.

► • Equal opportunity for all cannot be achieved only by passing a law. The entire society
has to participate in creating such opportunities.
The Rights of Persons with Disabilities
Act, 2016
► The Rights of the Persons with Disabilities Act, 2016 consist of XVII
Chapters and 102 sections.
Types of Disabilities

► There are 7 types of disabilities mentioned in PWD Act, 1995.

► 1. Blindness
► 2. Low-vision
► 3. Leprosy Cured Persons
► 4. Hearing Impairment
► 5. Locomotor Disability
► 6. Mental retardation
► 7. Mental illness.
The types of disabilities have been increased
from existing 7 to 21

1. Blindness
12. Chronic Neurological conditions
2. Low-vision
13.Specific Learning Disabilities
3. Leprosy Cured persons
14. Multiple Sclerosis
5. Hearing Impairment (deaf
15. Speech and Language disability
and hard of hearing)
16. Thalassemia
5. Locomotor Disability
17. Haemophilia
6. Dwarfism
18.Sickle Cell diseases
7. Intellectual Disability
19.Multiple Disabilities
8. Mental illness
including deaf, blindness
9. Autism Spectrum Disorder
20. Acid attack victim
10. Cerebral Palsy
21. Parkinson's diseases
11.Muscular Dystrophy
 Chapter 1

► Chapter 1 (Definitions) Sec. 2

► Person with Disability means 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.
Chapter – 2 –RIGHTS& ENTITLEMENTS

► Chapter II Section 4 (1) Special emphasis for women and children with disabilities.

► Sec-3– Government to ensure equality and non-discrimination to the Persons with

Benchmark Disability (PwBD)

► Sec-4 - Government & Local authorities to ensure that woman & children with
disabilities enjoy their rights equally with others.

► Sec-5 - Persons with Disabilities shall have the right to live in the community
Chapter II Sec 6 and Sec B

► Sec 6 - Government shall take measures for protection of Persons

with Disabilities from cruelty and inhuman treatment.

► The Committee for Research on Persons with Disabilities for the

purpose of granting permission for research on any persons with
disabilities has been notified vide notification No.SW(S)9/2017/231 Dt
30.07.2018.
► Sec-8– Persons with Disabilities shall have equal protection and
safety in situations of risk, armed conflict, humanitarian emergencies
and natural disasters.
 Chapter – 3 EDUCATION

► Sec -16– Appropriate government & local authorities shall endeavored that all their
recognized/funded educational institution provide inclusive education to Children with
Disabilities (CwDs).

► The Education Department has taken the following actions: (i) Under SSA, inclusive
education to children with disabilities is being provided which is already implemented as
per RTE Act, 2009 under the provision of “Zero rejection” policy.
 Sec 17

► Sec17– Measure to be taken by appropriate government & local authorities for

purpose of Sec-16.

► • Under SSA yearly survey is being taken up by the Inclusive Education Volunteers to
identify children with disabilities through house-hold survey.

► However, identification for school going children is being done through Assessment
Camps at block level for functional literacy etc, whereas for medical assessment,
children are referred to Civil Hospital or Health Centre.
Chap 4 SKILL DEVELOPMENT AND EMPLOYMENT

► Sec- 19-Appropriate government & local authorities shall formulate scheme and
programmes including provision of loans at concessional rates to facilitate vocational
training &self-employment of persons with disabilities.

► Under the National Rural Livelihood Mission (NRLM), schemes and programmes have
been formulated to ensure the rights of persons with disabilities.
Chapter5 SOCIAL SECURITY, HEALTH, REHABILITATION
AND RECREATION
► Sec– 24 & 25 Appropriate government & local authorities within limit of its
economic capacity and development formulate necessary social
security and health measures. Section 24– Social Security: Megha Health
Insurance Scheme (MHIS):
► • Under Health & Family Welfare Department, Megha Health Insurance
Scheme (MHIS) was launched on 15th Dec 2012.

► It provides financial aid to all citizens of the State at the time of

hospitalization to reduce the out of pocket expenses of the residents of
the State. Beneficiaries are entitled upto Rs 2.8 lakh coverage at the time
of hospitalization.
► It extends to 5 members of a family, each household is to pay Rs 30/- at
the time of enrollment. State and Central Governments employees are
however excluded.
Vocational Training to Persons with
Disabilities for self employment
► Vocational Training to Persons with Disabilities for self employment-

► Vocational Training is imparted to the persons with disabilities

through Voluntary Organizations in different trades.

► The duration of the training period is for one year.

► During the training period a stipend of Rs.1500/- each per month is

provided.
 Chapter 6 SPECIAL PROVISION FOR
PERSONS WITH BENCHMARK DISABILITIES
► Sec 31 Appropriate Government & local authorities shall ensure that every child with
benchmark disabilities between 6-18 years age shall have right to free education in
neighbourhood school.

► • The matter has already been implemented as per RTE Act 2009.

► Sec 32 Government Higher Educational Institution to reserve at least 5% seats for Persons
with Benchmark Disabilities. (PwBDs)

► Government to set a Special Employment Exchange for persons with disabilities. A special
cell for Persons with Disabilities is functioning under Divisional Employment Exchange