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

34. CONT….

35. CONT….

36. CONT….

37. CONT….

38. CONT….

39. CONT….

40. CONT….

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