What's Brewing

Recently, the Ministry of Social Justice & Empowerment notified additional Rules to be implemented regarding the protecting and safeguarding rights of persons with disabilities.
A look at the highlights of the same:

Background

1. As a signatory to the ‘United Nations Convention on the Rights of Persons with Disabilities’ India enacted the Rights of Persons with Disabilities Act (RPWD) in December 2016. (‘The Act’)

Highlights of the Act

• The core objective of this Act is to ensure equality and dignity for persons with disabilities. 
• Any person who is unable to fully and effectively participate in society owing to physical impediments like blindness, deafness, cerebral/ muscular dysfunction, speech impairment, leaning disability, stunted growth or any physical deformity that prevents him/her from gainful occupation is deemed as Person with Disability (PWD).
• The Act prohibits any kind of discrimination or restriction of PWDs in any social activity, including education, employment, health, marriage, inheritance, recreation, voting, social security, justice, etc.
• Central, State and District Advisory Boards shall be formed to handle all matters relating to PWDs, including their identification and certification of disability, headed by Chief/State Commissioners. 
• Special Courts shall be established for speedy trials pertaining all issues relating to PWDs. 
• Special Funds shall be provided at national and State levels for the benefit of PWDs.

2. The Central govt framed Rules pertaining to various provisions of the original Act 2016 and notified them in the Gazette as Rights of Persons with Disabilities (Amendment) Rules 2017.

• No changes whatsoever have been made in the basic frame of the original Act 2016.
• Rules already framed in the original Act 2016 were made more elaborate, especially Rules pertaining to (i) Duties of work establishments employing PWDs, including Forms and Records to be kept (ii) Rights and entitlements of PWDs in work establishments (iii) Various Forms for persons to apply for being certified as PWDs (iv) Organisational structure and functioning of central/state/district Advisory Boards and, most importantly, (v) Standards of Accessibility to facilitate free movement for PWDs in buildings/transport vehicles/physical environment and give them easy access to Information and Communication Technology systems.

3. RPWD Act 2016 and RPWD (Amendment) Rules 2017 have now been further elaborated. The Central government framed additional Rules. 

Highlights of the RPWD (Amendment) Rules 2024

• The amendments pertain to (a) Certification and (b) Identification of RPWDs.
• Unique Disability Identity (UDID) Cards will now be issued to RPWDs on application.
• Colour Codes have been introduced for UDID Cards to denote the extent of disability,  as follows:
  i) WHITE Band Card – for Disability that is less than 40%
  ii) YELLOW Band Card – for Disability that is above 40% but below 80%
  iii) BLUE Band Card – for Disability that is above 80%
• Aadhar Cards are mandatory for identification of the RPWD.
• Format and content of Form IV – Application for Certificate of Disability – have been modified.
• Format and content of Forms V to VII – Certificate of Disability – too have been modified.
•  Format and content of Form VIII – Rejection Certificate of Disability – have been modified.

The RPWD (Amendment) Rules 2024 was published in the official gazette on 16th October 2024.