Legal Rights of Persons with Disabilities in India

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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.

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.

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;
  • 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 any discrimination and ensures their political, economic, and social participation.

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Also read: The Writ of Quo Warranto

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