News:

• A bench of the Supreme Court has ordered the Union government to frame mandatory rules for ensuring the accessibility of public places and services to persons with disabilities.
• The apex court reaffirmed accessibility as a fundamental right and noted that the provisions of the Rights of Persons with Disabilities (RPwD) Act were not being treated as mandatory. 

Rights of Persons with Disabilities (RPwD) Act:

• As a signatory to the United Nations Convention on Rights of Persons with Disabilities (CRPD), India is obligated to promote accessibility as an essential right. 
• Enacted in 2016, the RPwD Act draws on the CRPD and aims “to ensure that all persons with disabilities can lead their lives with dignity, without discrimination and with equal opportunities.” 
  • The Act increased types of disabilities from existing 7 to 21.
  • 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. 
• The RPwD Rules of 2017, framed under the Act, were to lay down specific accessibility standards.
• So far, 17 standards and guidelines have been notified across government ministries and departments. The lack of uniformity across the different guidelines would create issues in enforcement, the SC noted. 
• It added that once the mandatory rules are prescribed, the Centre, state governments and union territories would have to ensure that non-compliance with the accessibility standards is penalised.