RPWD Act,2016

RPWD Act 2016 addresses some of the long standing demands of the Indian persons with disabilities. Inclusion of more conditions in disability list, free education for disabled children, framework for supporting institutional and social infrastructure, making accessible environment and provisions of punishment for violation of RPWD Act are very important.

1. RPWD ACT,2016 ANSHITA SINGH (ASLP)

2. INTRODUCTION Rights of Persons With Disabilities Act, 2016 (RPWD Act, also known as  Divyangjan Adhikaar Kanoon 2016  in Hindi) came into existence after a long wait. India took a long time to  fulfil its obligation to the UNCRPD. The draft bill for this Act was presented in the parliament in 2011. It took five years for the bill to take shape of an Act. Because this Act is very important for persons with disabilities (or Divyangjan, as the disabled people are now called) in India. RPWD Act ,was enacted by the Rajya Sabha on 14 December 2016 and by the Lok Sabha on 17 December 2016. This Act came into force on 30 December 2016. RPWD 2016 replaces the ages old Persons with Disabilities Act 1995.

3. PRINCIPLES An Act to give effect to the United Nations Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto. The aforesaid Convention lays down the following principles for empowerment of persons with disabilities,— ( a ) respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; ( b ) non-discrimination; ( c ) full and effective participation and inclusion in society; ( d ) respect for difference and acceptance of persons with disabilities as part of human diversity and humanity ; ( e ) equality of opportunity; ( f ) accessibility; ( g ) equality between men and women; ( h ) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities

4. CHAPTERS CHAPTER I-PRELIMINARY CHAPTER II-RIGHTS AND ENTITLEMENTS CHAPTER III-EDUCATION CHAPTER IV-SKILL DEVELOPMENT AND EMPLOYMENT CHAPTER V-SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION CHAPTER VI-SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABIILITES

5. CONT…. CHAPTER VII-SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS CHAPTER VIII-DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS CHAPTER IX-REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH INSTITUTIONS

6. CONT…. CHAPTER X-CERTIFICATION OF SPECIFIED DISABILITIES CHAPTER XI-CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE CHAPTER XII-CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES

7. CONT…. CHAPTER XIII-SPECIAL COURT CHAPTER XIV-NATIONAL FUND FOR PERSONS WITH DISABILITIES CHAPTER XV-STATE FUND FOR PERSONS WITH DISABILITIES CHAPTER XVI-OFFENCES AND PENALTIES CHAPTER XVII-MISCELLANEOUS

8. CHAPTER I-PRELIMINARY Short title and Commencement Definitions.

9. CHAPTER II-RIGHTS AND ENTITLEMENTS Equality and Non-discrimination Women and children with disabilities Community life Protection from cruelty and inhuman treatment Protection from abuse, violence and exploitation Protection and safety Home and family Reproductive rights. Accessibility in voting Access to justice Legal capacity Provision for guardianship Designation of authorities to support .

10. CHAPTER III-EDUCATION Duty of educational institutions Specific measures to promote and facilitate inclusive education Adult education

11. CHAPTER IV-SKILL DEVELOPMENT AND EMPLOYMENT Vocational training and self employment Non-discrimination in employment Equal opportunity policy Maintenance of records Appointment of Grievance Redressal Officer

12. CHAPTER V SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION Social security Healthcare Insurance schemes Rehabilitation Research and development Culture and recreation Sporting activities

13. CHAPTER VI SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABIILITES Free education for children with benchmark disabilities Reservation in higher educational institutions Identification of posts for reservation Reservation Incentives to employers in private sector Special employment exchange Special schemes and development programmes .

14. CHAPTER VII SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS Special provisions for persons with disabilities with high support

15. CHAPTER VIII DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS Awareness campaigns Accessibility Access to transport Access to information and communication technology Consumer goods Mandatory observance of accessibility norms Time limit for making existing infrastructure and premises accessible and action for that purpose Time limit for accessibility by service providers Human resource development Social audit

16. CHAPTER IX-REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH INSTITUTIONS Competent authority Registration Application and grant of certificate of registration Revocation of registration Appeal Act not to apply to institutions established or maintained by Central or State Government Assistance to registered institutions

17. CHAPTER X CERTIFICATION OF SPECIFIED DISABILITIES Guidelines for assessment of specified disabilities Designation of certifying authorities Procedure for certification Appeal against a decision of certifying authority

18. CHAPTER XI CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE Constitution of Central Advisory Board on Disability Terms and conditions of Service of members Disqualifications Vacation of seats by Members Meetings of the Central Advisory Board on disability Functions of Central Advisory Board on disability State Advisory Board on disability Terms and conditions of service of Members Disqualification Vacation of seats .

19. CONT… Meetings of State Advisory Board on disability Functions of State Advisory Board on disability District-level Committee on disability Vacancies not to invalidate proceedings

20. CHAPTER XII CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES Appointment of Chief Commissioner and Commissioners Functions of Chief Commissioner Action of appropriate authorities on recommendation of Chief Commissioner Powers of Chief Commissioner Annual and special reports by Chief Commissioner Appointment of State Commissioner in States Functions of State Commissioner

21. CONT… Action by appropriate authorities on recommendation of State Commissioner Powers of State Commissioner Annual and special reports by State Commissioner

22. CHAPTER XIII SPECIAL COURT Special Court Special Public Prosecutor

23. CHAPTER XIV NATIONAL FUND FOR PERSONS WITH DISABILITIES National Fund for persons with disabilities Accounts and audit

24. CHAPTER XV STATE FUND FOR PERSONS WITH DISABILITIES State Fund for persons with disabilities

25. CHAPTER XVI OFFENCES AND PENALTIES Punishment for contravention of provisions of Act or rules or regulations made thereunder Offences by companies Punishment for fraudulently availing any benefit meant for persons with benchmark disabilities Punishment for offences of atrocities Punishment for failure to furnish information Previous sanction of appropriate Government Alternative punishments

26. CHAPTER XVII MISCELLANEOUS Application of other laws not barred Protection of action taken in good faith Power to remove difficulties Power to amend Schedule Power of Central Government to make rules Power of State Government to make rules Repeal and savings

27. FEATURES In the RPWD Act, 2016, the list has been expanded from 7 to 21 conditions The nomenclature mental retardation is replaced by intellectual disability The Act provides an elaborate definition of mental illness Persons with benchmark disabilities are defined as those with at least 40% of any of the above disability PWD having high support needs are those who are certified as such under section 58(2) of the Act Government shall ensure that the PWD enjoy the right to equality, life with dignity, and respect for his or her own integrity equally with others

28. CONT…. The Government is to take steps to utilize the capacity of the PWD by providing appropriate environment in the section 3 that no PWD shall be discriminated on the ground of disability Living in the community for PWD is to be ensured by the Government to ensure reasonable accommodation for them Special measures are to be taken to ensure women and children with disabilities enjoy rights equally with others Measures are to be taken to protect the PWD from being subjected to cruelty, inhuman, and degrading treatments and from all forms of abuse, violence, and exploitation

29. CONT… For conducting any research, free and informed consent from the PWD as well as a prior permission from a Committee for Research on Disability to be constituted in the prescribed manner Children with disability are not to be separated from parents Accessibility in voting and access to justice without discrimination to the PWD are to be ensured All PWD enjoy legal capacity on an equal basis with others in all aspects of life and has the right to equal recognition everywhere to own and inherit movable and immovable property as well as control their financial affairs

30. CONT… The Bill provides for the access to inclusive education, vocational training, and self-employment of disabled persons without discrimination and buildings, campuses, and various facilities are to be made accessible to the PWD and their special needs are to be addressed Appropriate healthcare measures, insurance schemes, and rehabilitation programs for the PWD are also to be undertaken by the Government Cultural life, recreation, and sporting activities are also to be taken care of 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

31. CONT… 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 employer in private sector are to be given who provide 5% reservation for persons with benchmark disability Awareness and sensitization programs are to be conducted and promoted regarding the PWD Access to information and communication technology is to be ensured District level Committees are also to be constituted by the State Government

32. CONT…. Chief Commissioner and two Commissioners for PWD are to be appointed by the Central Government at the central level for the purposes of the Act State Commissioners for PWD are to be appointed by the State Governments National Funds for PWD and State Funds for PWD are to be constituted at the central and state levels respectively by the appropriate Governments

33. TYPES OF DISABILITIES

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41. Overview of RPWD Act 2016 RPWD Act 2016 addresses some of the long standing demands of the Indian persons with disabilities. Inclusion of more conditions in disability list, free education for disabled children, framework for supporting institutional and social infrastructure, making   accessible environment and provisions of punishment for violation of RPWD Act are very important .

42. REFRENCE Legislative Department, Ministry of Law and Justice, Government of India https://wecapable.com https:// www.ncbi.nlm.nih.gov