This article provides an in-depth look at the legal rights provided to persons with disabilities in India.

1. Legal Rights of Persons with
Disabilities in India
Introduction
In India, the legal framework for protecting the rights of persons
with disabilities has undergone significant transformation over the
years. The Rights of Persons with Disabilities Act, 2016 (RPWD Act)
is a landmark legislation that aims to promote inclusivity, non-
discrimination, and equal opportunities for persons with disabilities.
India is a signatory of the United Nations Convention on the Rights
of Persons with Disabilities. This Convention imposed a duty on the
states, civil society, and private individuals to ensure the protection
of the rights of disabled persons. This article provides an in-depth
look at the legal rights provided to persons with disabilities in India.

2. What is disability?
In general, disability refers to a condition or impairment that may
limit a person’s physical, sensory, intellectual, or mental abilities,
leading to difficulties in performing everyday activities. Disabilities
can be congenital (present at birth) or acquired due to illness, injury,
or other factors. From a medical perspective, disability is often
classified into different categories based on the nature and extent of
the impairment. The medical model of disability focuses on the
individual’s physical or mental condition and views disability as a
personal deficiency. It emphasizes medical interventions,
treatments, and rehabilitation to alleviate or manage the disability.
However, the understanding of disability has evolved beyond the
medical model to embrace the social model of disability. The social
model recognizes that disability is not solely a result of individual
impairments but is also shaped by the societal and environmental
barriers that hinder full participation and inclusion. According to
this model, disability is seen as a social construct that arises from
the interaction between individuals with impairments and an
inaccessible or discriminatory environment. In order to remove
barriers, promote inclusivity, and empower individuals with
disabilities to participate actively in all aspects of life, the rights-
based approach is highlighted. In India, the Rights of Persons with
Disabilities Act, 2016, reflects this evolving understanding of
disability by emphasizing the rights and entitlements of persons
with disabilities and promoting their inclusion in society.

3. As per Section 2(t) of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act,
1995, ‘Person with disability’ is defined as “a person suffering from
not less than forty percent of any disability as certified by a medical
authority.” and Section 2(s) of the Rights of Persons with
Disabilities Act, 2016, defines a ‘Person with disability’ as “a person
with long-term physical, mental, intellectual or sensory impairment
which, in interaction with barriers, hinders his full and effective
participation in society equally with others.”
Also read: The Mental Healthcare Act, 2017
What are the Rights of Persons with Disabilities
under the RPWD Act, 2016?
The Rights of Persons with Disabilities (RPWD) Act was commenced
in 2016 whereas the enactment of this Act replaced the Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995. This Act was enacted to “give effect to the
United Nations Convention on Rights of Persons with Disabilities
and for matters connected therewith or incidental thereto.” This
Convention formulates certain principles to empower persons with
disabilities including:
 “Respect for inherent dignity, individual autonomy including the
freedom to make one’s own choices, and independence of
persons;
 Non-discrimination;

4.  Full and effective participation and inclusion in society;
 Respect for difference and acceptance of persons with disabilities
as part of human diversity and humanity;
 Equality of opportunity;
 Accessibility;
 Equality between men and women;
 Respect for the evolving capacities of children with disabilities
and respect for the right of children with disabilities to preserve
their identities.”
In the Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995, seven conditions of
disabilities were identified which include, hearing impairment,
blindness, leprosy cured, locomotor disability, low vision, mental
illness, and mental retardation. In 2016, this Act was replaced by the
Rights of Persons with Disabilities (RPWD) Act which expanded the
categories of disabilities from 7 to 21. The added list of disabilities
includes dwarfism, acid attack victims, speech and language
disabilities, muscular dystrophy, specific learning disabilities, hard
of hearing, autism spectrum disorders, blood disorders such as
thalassemia, sickle cell anemia, and hemophilia, cerebral palsy,
chronic neurological disorders such as Parkinson’s disease and
multiple sclerosis, and multiple disabilities. The primary objective of
this Act is to ensure that disabled people are able to live a respectful
and dignified life. Also, it helps in protecting disabled people from

5. any discrimination and ensures their political, economic, and social
participation.
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Also read: The Writ of Quo Warranto