There are three important Acts concerning the differently-abled persons that we all need to familiarize ourselves with.

 

They are:

1. The Rights of Persons with Disabilities Act, 2016
2. The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999
3. Rehabilitation Council of India Act, 1992

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

The RPwD Act, 2016 was enacted on 28.12.2016 which came into force from 19.04.2017. The salient features of the Act are:-

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 Act covers the following specified disabilities:-

1. Physical Disability
   1. Locomotor Disability
      1. Leprosy Cured Person
      2. Cerebral Palsy
      3. Dwarfism
      4. Muscular Dystrophy
      5. Acid Attack Victims
   2. Visual Impairment
      1. Blindness
      2. Low Vission
   3. Hearing Impairment
      1. Deaf
      2. Hard of Hearing
   4. Speech and Language Disability
2. Intellectual Disability
   1.  Specific Learning Disabilities
   2. Autism Spectrum Disorder
3. Mental Behaviour (Mental Illness)
4. Disability caused due to-
   1. Chronic Neurological Conditions such as-
      1. Multiple Sclerosis
      2. Parkinson’s Disease
   2.  Blood Disorder-
      1. Haemophilia
      2. Thalassemia
      3. 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 in seats in Government and Government aided higher educational 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 of Persons with Disabilities and State Commissioners 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.

Dr. Kanchi

Courtesy: Acts | Department of Empowerment of Persons with Disabilities | MSJE | Government of India (disabilityaffairs.gov.in)

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Supreme Court Directs UGC To Finalise Guidelines For Inspection of Educational Institutions To Ensure Implementation of RPWD Act

https://www.livelaw.in/top-stories/supreme-court-directs-ugc-to-finalise-guidelines-for-inspection-of-educational-institutions-to-ensure-implementation-of-rpwd-act-189387

Insofar as suggestions given by the petitioner in the form of "Guidelines for Accessibility for Students with Disabilities in Universities/Colleges" are concerned, the UGC shall consider the feasibility thereof by constituting a Committee in this behalf. In this Committee, the UGC would be free to include persons from amongst Central Advisory Board, State Advisory Boards, Chief Commissioner of State Commissioners appointed under the Disabilities Act. This Committee shall undertake a detailed study for making provisions in respect of accessibility as well as pedagogy and would also suggest the modalities for implementing those suggestions, their funding and monitoring, etc. The Committee shall also lay down the time limits within which such suggestions could be implemented. The Expert Committee may also consider feasibiltty of constituting an in-house body in each educational institution (of teachers, staff, students and parents) for taking care of day to day needs of differently abled persons as well as for implementation of the Schemes that would be devised by the Expert Committee. This exercise shall be comple ted by June 30, 2018."


Dr. Kanchi