Aishwarya Lakshmi .V.M.
Recently, the Government proposed an amendment to the Rights of Persons with Disabilities Act, 2016 which decriminalized the offences in the Act. Stakeholder groups sent emails to the concerned ministry opposing the amendment and hence considering the public view, the Government dropped its idea of amending the Act. Time being ripe, it is essential to know the rights guaranteed under the Act.
The Act is in line with the principles of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
Classification of Persons With Disability
Basic Rights guaranteed under the Act
Other Key Features
★ Persons With Benchmark Disability (PWBD) have the right to free education from 6 years to 18 years in any neighbourhood or special school of his/her choice.
★ PWBD are given reservation in the Government of Aided Higher Educational Institutions for 5% or more. They are also given an upper age limit relaxation of an additional 5 years for admission.
★ At least 4% of the total vacancies in Indian Government establishments in specified categories (and 1% in certain others) are required to be reserved for the employment of PWBD.
★ Recently the Supreme Court in Aryan Raj v. Chandigarh Administration followed a lower court’s judgment and held PWD are socially backward and they are entitled to the same benefits that SC/ST candidates are eligible for.
★ PWBD are given 5% reservation in allotment of agricultural land, housing facilities, poverty alleviation schemes and various other developmental schemes.
★ The Government shall take facilities for PWD at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines.
★ Private entities are required to formulate an Equal Opportunity Policy (EOP) which shall be displayed in their website or office. The EOP shall contain details of facilities and amenities that are made available to PWD and the jobs identified for their appointment. These entities are also mandated to maintain records regarding PWD.
★ National and State Funds are created for PWD.
★ Severe penalties extending upto Rupees Five Lakhs are imposed on persons who contravene the provisions of the Act by discriminating against PWD. If anyone commits atrocities against PWD, they are subjected to imprisonment upto five years too.
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