The UN proclamation in 1981 and subsequent declaration of Decade for Disabled and subsequent Biwako Millenium Framework of actions in 2003, extended further from 2003-2012, where India is a signatory, it is binding on the member country’s to protect rights, provide equal opportunities and empower persons with disability. The PwD Act’95 and recent National Policy for disabled persons are initiatives by Ministry of Social Justice & Empowerment, Govt. of India, to fulfill national & international commitments.

According to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996 notified on 31.12.1996 by the Central Government in exercise of the powers conferred by sub-section (1) and (2) of section 73 of the Persons with Disabilities Act, 95 to give a disability certificate, it will be a Medical Board, consisting of at least three members, out of which at least one shall be a specialist in the particular field for assessing locomotor/ visual including low vision/ hearing & speech disability, mental retardation and leprosy cured as the case may be, duly constituted by the Central and State Government.

As per PwD Act and in its compliance, various benefits & concessions are to be provided to the ‘persons with disability’

‘Person with disability’ means a person suffering from not less than forty per cent of any disability as certified by a medical authority;

“Medical authority” means any hospital or institution specified for the purposes of this Act by notification by the appropriate Government.

The ‘disability’ under PwD Act means -

i)    Locomotor disability;

ii)    Leprosy-cured;

iii)    Blindness

iv)    Low vision

v)    Hearing impairment;

vi)    Mental illness;

vii)    Mental retardation;

The Rights of Persons with Disabilities (RPwD) Act, 2016

The Government enacted the Rights of Persons with Disabilities Act, 2016 as passed by the Parliament in December, 2016. The Act was brought into force from 19.04.2017. In the new RPwD Act, 2016, the numbers of disabilities have been revised from existing 7 to 21 and also reservation has been revised from 3% to 4% in government jobs for certain process or class of persons with benchmark disability. Every child with benchmark disability between the age group of 6 to 18 years shall have the right to free education. The Act provides for penalties for offences committed against PwDs, designated Special Courts have been proposed to handle cases relating to violation of Rights of PwDs.

Salient features of the RPwD Act 2016

1.    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.

2.    Disability has been defined based on an evolving and dynamic concept.

3.    The RPwD Act covers the following specified disabilities:

      1)   Physical Disability:

       a)    Locomotor Disability:

               i)    Leprosy Cured Person

               ii)    Cerebral Palsy

               iii)    Dwarfism 

               iv)    Muscular Dystrophy

                v)    Acid Attack Victims

      b)    Visual Impairment:

                i)    Blindness

                ii)    Low Vision

       c)    Hearing Impairment:

             i)    Deaf

             ii)    Hard of Hearing

       d)    Speech and Language Disability:

     2)    Intellectual Disability

       a.    Specific Learning Disabilities

       b.    Autism Spectrum Disorder

      3)    Mental Behaviour (Mental Illness)

      4)    Disability caused due to-

       a)    Chronic Neurological Conditions such as-

               i)    Multiple Sclerosis

               ii)    Parkinson’s Disease

       b)    Blood Disorder-

              i)    Haemophilia 

              ii)    Thalassemia

              iii)    Sickle Cell Disease

      5)    Multiple Disabilities

4.    Additional benefits have been provided for persons with benchmark disabilities and those with high support needs.

5.    Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.

6.    5% reservation of seats in Government and Government aided higher education institutions for persons with benchmark disabilities.

7.    Stress has been given to ensure accessibility in public buildings (both Government and private) in a prescribed time-frame.

8.    4% reservation in Government jobs for certain persons or class of persons with benchmark disability.

9.    The Act provides for grant of guardianship by District Court or any authority designated by the State Government under which there will be joint decision – making between the guardian and the persons with disabilities.

10.    Broad based Central & State Advisory Boards on Disability to be set up as policy making bodies.

11.    The Act provides for strengthening of the Office of Chief Commissioner for Persons with Disabilities and State Commissioner of Disabilities which will act as regulatory bodies and Grievance Redressal agencies and also monitor implementation of the Act. These Offices will be assisted by an Advisory Committee comprising of experts in various disabilities.

12.    Creation of National and State Fund to provide financial support to the persons with disabilities. 

13.    The Act provides for penalties for offences committed against persons with disabilities.

14.     Designated Special Courts to handle cases concerning violation of rights of PwDs.

Population of Persons with Disabilities

 As per census 2011, the population of persons with various disabilities is 268.10 Lakhs. This is the first time when broad categories of disabilities were included during enumeration. A total of eight types of disabilities were included in 2011 Census against the earlier five. The disability wise population is as under:

Disability-Wise Details

Disabled Population by Sex and Residence

Chief Commissioner for Persons with Disabilities (CCPD)

    The Rights of Persons with Disabilities (RPwD) Act, 2016 provides for appointment of a Chief Commissioner for Persons with Disabilities at the Centre and the two Commissioners to assist the Chief Commissioner, of which one Commissioner shall be a Person with Disability. The Chief Commissioner can take steps to safeguard the Rights of Persons with Disabilities and monitor the implementation of the Rights of Persons with Disabilities (RPwD) Act, 2016. The Chief Commissioner is appointed by the Central Government under Section 74 (1) of the RPwD Act, 2016.

Functions of the Chief Commissioner for Persons with Disabilities (CCPD)

Under Section 75 (1), The Chief Commisisioner shall:-

(a)    Identify, suo motu or otherwise, the provisions of any law or policy, programme and procedures, which are inconsistent with this Act and recommend necessary corrective steps:

(b)    inquire, suo motu or otherwise, deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the Central Govt. is the appropriate Government and take up the matter with appropriate authorities for corrective action;

(c)    review the safeguards provided by or under this Act or any other law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation;

(d)    review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures;

(e)    study treaties and other international instruments on the rights of persons with disabilities and more recommendations for their effective implementation;

(f)    undertake and promote research in the field of the rights of persons with disabilities;

(g)    promote awareness of the rights of persons with disabilities and the safeguards available for their protection;

(h)    monitor implementation of the provisions of this Act and schemes, programmes meant for persons with disabilities;

(i)    monitor utilisation of funds disbursed by the Central Government for the benefit of persons with disabilities; and

(j)    perform such other functions as the Central Government may assign.

(k)    The Chief Commissioner shall consult the Commissioners on any matter while discharging its functions under this Act.

Whenever the Chief Commissioner makes a recommendation to an authority in pursuance of clause (b) of section 75, that authority shall take necessary action on it, and inform the Chief Commissioner of the action taken within three months from the date of receipt of the recommendation:

Provided that where an authority does not accept a recommendation, it shall convey reasons for non-acceptance to the Chief Commissioner within a period of three months, and shall also inform the aggrieved person.

State Commissioner for Persons with Disabilities (SCPDs)

    The Rights of Persons with Disabilities (RPwD) Act, 2016 under section 79 (1) provides for appointment of a Commissioner for Persons with Disabilities in each State/UT for taking steps to safeguard and monitor the implementation of the RPwD Act, 2016. The Commissioner is appointed by the respective State Government/ UT under the provisions of Section 79 (1) of RPwD Act, 2016.

The State/UT Commissioner within the State shall:-

(a)    Identify, suo motu or otherwise, provision of any law or policy, programme and procedures, which are inconsistent with this Act, and recommend necessary corrective steps;

(b)    inquire, suo motu or otherwise deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the State Government is the appropriate Government and take up the matter with appropriate authorities for corrective action;

(c)    review the safeguards provided by or under this Act or any other law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation;

(d)    review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures;

(e)    undertake and promote research in the field of the rights of persons with disabilities;

(f)    promote awareness of the rights of persons with disabilities and the safeguards available for their protection;

(g)    monitor implementation of the provisions of this Act and schemes, programmes meant for persons with disabilities;

(h)    monitor utilisation of funds disbursed by the State Government for the benefits of persons with disabilities; and

(i)    perform such other functions as the State Government may assign.

Section 81 provides that, whenever the State Commissioner makes a recommendation to an authority in pursuance of clause (b) Section 80, that authority shall take necessary action on it, and inform the State Commissioner of the action taken within three months from the date of receipt of the recommendation:

Provided that where an authority does not accept a recommendation, it shall convey reasons for non-acceptance to the State Commissioner for Persons with Disabilities within the period of three months, and shall also inform the aggrieved person.

Powers of State Commissioner for Persons with Disabilities (SCPDs)

Under Section 82. (1):- The State Commissioner for Persons with Disabilities (SCPDs) shall, for the purpose of discharging their functions under this Act, have the same powers of a civil court as are vested in a court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:-

(a)    summoning and enforcing the attendance of witness;

(b)    requiring the discovery and the production of any documents;

(c)    requisitioning any public record or copy thereof from any court or office;

(d)    receiving evidence on affidavits; and

(e)    issuing commissions for the examination of witness or documents.

(2) Every proceeding before the State Commissioner shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the State Commissioners shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.