The rights of persons with disabilities PWDs in India have been at the forefront of legal reforms for decades yet, many barriers still stand in the way of their full inclusion in society despite advancements in legislation, issues like societal sigma and inadequate infrastructure continue to hinder the participation of disabled individuals in education, employment, and other facets of daily life. This article takes a closer look at the Rights of Persons with Disabilities Act,2016 (RPWD Act), its key provisions, notable case laws, and the challenges that remain.

Defining Disability in India

What does disability truly mean in the Indian context? Broadly, it refers to any impairment that limits a person's physical, sensory, intellectual or mental abilities, affecting their daily activities. Disabilities can be present from birth or acquired later due to illness, injury, or other circumstances. These impairments are often categorized into physical, mental intellectual, psychosocial, and developmental, helping to guide necessary interventions

Previously, under section 2(t) of the Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995, a "person with disability" was defined as someone with at least 40% impairment, as certified by medical authorities. The RPWD Act (2016) however, expanded this definition, recognizing long term physical mental intellectual, or sensory impairments that significantly enter equal participation in society. This progressive approach is now legally recognizes 21 types of disabilities, including blindness, hearing impairment, autism spectrum disorder, and cerebral palsy among others.

• Right to Equality and Non-Discrimination (section 3) PWDs have the right to be treated equally and without discrimination. The government must ensure access to public services, education, health care, and employment opportunities on an equal basis with others.
   
• Equal rights for women and children with disabilities (section 4) Special provisions ensure that women and children with disabilities enjoy equal rights to safety, health, education, and economic participation.
   
• Right to live in the community (section 5) PWDs have the right to live independently within the community; they cannot be forced into specific residential settings, and the government must provide community-based support.
   
• Protection from abuse, violence, and exploitation (section 7) Authorities are required to protect PWDs from abuse and violence, taking prompt action to report and prevent such incidents.
   
• Safety and protection in risk situations (section 8) PWDs must be prioritized during natural disasters, conflicts, and emergencies.
   
• Right to family life and parental care (section 9) Children with disabilities cannot be separated from their parents due to their disability. If necessary, alternative family care or shelter must be provided.
   
• Protection from forced medical procedures (section 10) The provision protects PWDs from forced medical treatments, including sterilization, without their informed consent.
• Right to vote (section 11) Electoral processes must be made accessible, ensuring PWDs can exercise their right to vote.
   
• Right to access justice (section 12) PWDs must have equal access to legal proceedings, with necessary accommodation provided.
   

Education for Persons with Disabilities

Education is a cornerstone of empowerment, and the RPWD Act mandates free and compulsory education for children with disabilities up to the age of 18. The government must integrate these students into mainstream schools while promoting special schools equipped with vocational training. Moreover, 3% of all seats in government and aided institutions are reserved for students with disabilities. Accessible transportation, educational materials, and part-time learning options are also required to support disabled learners.

Employment Provisions for Persons with Disabilities

Employment is another crucial area where the RPWD Act has mandated significant strides. The Act provides 3% reservation of government jobs for PWDs, addressing various disabilities. Employers are also required to provide reasonable accommodations such as flexible work environments and specialized training. Additionally, unemployed alliances are available for eligible individuals registered with special employment exchanges.

Accessibility Measures

The RPWD Act stresses the need to make public infrastructure disability-friendly. This includes accessible transportation, tactical and auditory signals on roads, ramps, and Braille signs in public spaces, ensuring that PWDs can move freely and safely.

Statutory Authorities for Grievance Redressal
To oversee implementation and address grievances, the act establishes several statutory bodies:

• Central Advisory Board on Disability (section 60): Advises the central government on policies and research.
• State Advisory Board on Disability (section 66): Guides state governments and monitors local implementation.
• Chief Commissioner for Persons with Disabilities (section 74): Handles complaints and issues guidelines.
• State Commissioners for Persons with Disabilities (section 79): Ensures compliance at the state level.
• District Level Committee on Disability (section 91): Operates at the grassroots level to oversee the act's enforcement.
   

Penalties for Violation of Disability Rights

The act imposes a strict penalty for violations, including fines of up to Rupees 10 thousand for first-time offenses and 5 lakh Rupees for subsequent ones. Fraudulent claims of disability benefits can lead to imprisonment of up to two years and a fine of rupees 1,00,000. Additionally, abuse or neglect of PWDs can result in imprisonment from six months to five years, along with fines.

Key Case Laws Shaping Disability Rights in India

Judicial interpretations have been pivotal in enforcing the RPWD Act. Notable cases include:

• Avani Prakash vs National Testing Agency (2021) 11 S.C.R 891: Avani Prakash, a visually impaired candidate, was denied the use of a scribe during an exam. The Supreme Court ruled that disabled candidates must be provided with reasonable accommodations, such as scribes and extra time, to ensure equal access to education and exams, as required by the RPWD Act 2016.
• The State of Kerala vs Leesamma Joseph (2021) SC 3076: Leesamma Joseph, a disabled candidate, was denied a job under the reserved category. The Kerala High Court ruled that the state had not properly implemented the disability reservations mandated by the RPWD Act 2016, and ordered the government to comply with the reservation policy.
• Vikash Kumar vs Union Public Services (2021) 5 SCC 370: Vikas Kumar, with a learning disability, was denied accommodations for the UPSC exams. The Supreme Court held that public institutions must provide reasonable accommodations to disabled candidates to ensure equal access to competitive exams, as required by the RPWD Act 2016.
• Disabled Rights Groups vs Union of India (2018) 2 SCC 397: The disabled rights group filed a PIL about the poor enforcement of the RPWD Act, 2016, particularly regarding accessibility and employment reservations. The Supreme Court directed the government to improve implementation, make public spaces accessible, and enforce job reservations more strictly.

Conclusion
The RPWD Act 2016 is a landmark law that strengthens the rights and dignity of persons with disabilities in India while it provides a comprehensive legal framework for education, employment, and accessibility its full potential is yet to be realized challenges like inadequate implementation, limited awareness, and societal prejudice persists. Overcoming these barriers requires continued efforts from all stakeholders such as government civil society, and individuals alike. Only then can we hope to achieve true equality and inclusion for everyone.