Does the Rights of Persons with Disabilities Act, 2016 ensure effective mechanism for empowerment and inclusion of the intended beneficiaries in the society? Discuss. (UPSC IAS Mains 2017 General Studies Paper – 2)
The Rights of Persons with Disabilities Act, 2016 replaced the Persons with Disabilities Act, 1995 to comply with the United Nations Convention on the Rights of Persons with Disabilities. It has come as a breather for estimated 70-100 million disabled citizens of India. Main provisions of the act that ensure inclusion and empowerment are enumerated below–
- The act aims towards more inclusive coverage of the disabled population by increasing the types of disability from existing 7 to 21. Speech and Language Disability and Specific Learning Disability have been added for the first time. Acid Attack Victims have been included.
- Every child with benchmark disability (at least 40% of the specified disability) between the age group of 6 and 18 years has been given the right to free education. It also recognises the right of a disabled child to study in a main stream school.
- Additional benefits such as reservation in higher education (not less than 5%), government jobs (not less than 4 %), reservation in allocation of land, poverty alleviation schemes (5% allotment) etc. have been provided for persons with benchmark disabilities and those with high support needs.
- Stress has also been given to ensure accessibility in public buildings in a prescribed time-frame.
This act stresses the principles of non-discrimination, full and effective participation and inclusion in society, equality of opportunity, accessibility and respect for the evolving capacities of children with disabilities. Emphasis has been given to right based approach with focus on right to equality and opportunity, right to inherit and own property, right to home and family and reproductive rights among others.
The act has also been criticised as it misses on special provision to assist persons with mental illness. Many states also could not frame rules under the act within the stipulated time limit. In absence of rules, several key provisions of the act could not be enforced.
While the 2016 Act provides many reassurances, brings domestic law in consonance with international standards, and is a huge step forward, its implementation should be monitored carefully to ensure that the needs of persons suffering from disability issues are being comprehensively met.
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