Rights of Persons with Disabilities Act, 2016
About
- Rights of Persons with Disabilities Act, 2016 fulfills the obligations to the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory and subsequently ratified the same on 1st October, 2007.
- The Act came into force during December 2016.
Disabilities covered
- Disability has been defined based on an evolving and dynamic concept.
- The types of disabilities have been increased from existing 7 to 21 and the Central Government will have the power to add more types of disabilities.
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.
- Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.
- 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.
- 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.
- Incentives to employers in the private sector are to be given who provide 5% reservation for persons with benchmark disability. Special employment exchanges for the PWD are to be set up.
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.
- The Office of Chief Commissioner of Persons with Disabilities has been strengthened who will now be assisted by 2 Commissioners and an Advisory Committee comprising not more than 11 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.
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.
Why in News?
- The Delhi High Court has given the Centre time till July 15 to notify the guidelines for making films accessible to the hearing and visually impaired.
- The court said accessibility was enforceable as a legal right and that even private parties have to take reasonable measures to enable greater accessibility for persons with hearing and visual impairments.
- The petitioners argued that though various rights have been recognised for ‘persons with disabilities’ under the Rights of Persons with Disabilities (RPWD) Act, most films which are released in India do not cater to disabled persons despite the statute having been enacted more than five years ago.
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