Rights of Persons with Disabilities in India

India has made remarkable progress in recognising and promoting the rights of persons with disabilities. Over the decades, legal reforms and judicial interventions have transformed the social and legal landscape for disabled citizens. Today, India is guided by constitutional guarantees, progressive legislations, and landmark court judgements that collectively work towards an inclusive society. This article explores the evolution of rights for persons with disabilities in India, the key legal frameworks, judicial interpretations, challenges in implementation, and the way forward.

Historical and Constitutional Background of Rights of Persons with Disabilities in India

Constitutional Guarantees

The Indian Constitution lays a strong foundation for the protection of rights for all citizens. Its fundamental rights guarantee equality, non-discrimination, and dignity for every individual, including persons with disabilities.

• Article 14 and Article 21 ensure that every citizen is entitled to equality before the law and the right to life and personal liberty.
• Articles 15 and 17 specifically prohibit discrimination and untouchability, reinforcing that no one should be treated as inferior on the basis of any disability.

Changing Perspectives

Historically, disabled individuals were often seen as a burden and were marginalised. During the early decades of independence, they faced social stigma and exclusion from mainstream development. However, the paradigm began to shift in the 1980s, when rehabilitation and inclusion became national priorities. The UN’s declaration of the Decade of Disabled Persons (1982–1992) played a key role in galvanising efforts towards recognising the rights of disabled citizens in India.

Key Legislations on Rights of Persons with Disabilities in India in India

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

Enacted in 1995, this Act was the first major step in recognising the rights of persons with disabilities on a statutory basis. It aimed to ensure:

• Equality of Opportunity: The Act sought to eliminate discrimination against disabled individuals in education, employment, and access to public facilities.
• Protection from Exploitation: Provisions were made to safeguard disabled persons from abuse, cruelty, and exploitation.
• Participation in Society: The Act focused on enabling disabled persons to actively participate in the socio-economic development of the nation.

Despite its progressive framework, the 1995 Act had limitations. Its narrow definition of disability—restricted to a 40% or higher threshold of impairment—and the limited range of disabilities recognised under it meant that many persons were left out of its ambit.

The Rights of Persons with Disabilities Act, 2016

Recognising the need for a more comprehensive and rights-based approach, the Rights of Persons with Disabilities Act (RPWD Act), 2016 was introduced. This Act replaced the earlier legislation and expanded the framework significantly.

Expanded Definition of Disability

The 2016 Act widened the definition of disability from the seven categories under the 1995 Act to 21 types. The new categories include conditions such as:

• Physical disability
• Mental disability
• Intellectual disability
• Sensory impairments
• Disabilities resulting from chronic neurological conditions, blood disorders, acid attacks, and speech and language disabilities

This inclusive definition reflects an understanding that disability is not solely a medical condition but also a result of social barriers that hinder full participation in society.

Key Provisions and Rights

The Act is built on the principle of respect for inherent dignity and individual autonomy. It is designed to ensure that disabled persons enjoy a range of rights and entitlements, including:

• Equality and Non-Discrimination: Disabled persons have the right to be treated equally in all spheres of life. The Act obliges the government and other institutions to take positive steps to prevent discrimination and to create an accessible environment.
• Community Living and Social Inclusion: The Act emphasises that disabled individuals should have the right to live within the community rather than being forced into segregated institutions. This provision is vital for ensuring that persons with disabilities can lead independent and dignified lives.
• Access to Public Services: Provisions under the Act ensure that disabled persons have barrier-free access to public transport, healthcare, education, and other essential services. For instance, polling booths, government buildings, and transportation systems are required to be accessible.
• Education: The Act mandates inclusive education in government-funded institutions. It provides for:
  • Free and appropriate education for children with disabilities up to the age of 18 years.
  • Special reservation in higher educational institutions, with a 5% quota for disabled students.
  • Provisions for reasonable accommodation, such as the use of sign language interpreters and alternative examination methods.
• Employment: The Act includes measures to secure employment for persons with disabilities. Employers in government and private sectors are required to provide reasonable accommodation. Furthermore, the Act prohibits any discrimination in promotion or employment based on disability. Special incentives are also provided to encourage private organisations to hire disabled persons, and there is a reservation of posts in government establishments.
• Legal Capacity and Guardianship: Disabled persons have the right to make their own decisions and manage their affairs. The Act provides for limited guardianship where necessary. This ensures joint decision-making without stripping individuals of their legal capacity.
• Social Security and Healthcare: The Act directs the government to formulate schemes that provide for:
  • Independent living and community-based rehabilitation.
  • Free and accessible healthcare, especially in rural areas.
  • Unemployment allowances and other welfare measures for disabled persons.
• Rehabilitation: Section 27 of the Act places a responsibility on the government to promote the rehabilitation of disabled persons through education, employment, and health services. It also provides financial support to non-governmental organisations (NGOs) involved in rehabilitation.

Implementation Mechanisms

To ensure effective implementation of the rights and provisions laid down in the Act, several institutional mechanisms have been established.

Advisory Boards and Committees

Central Advisory Board

• Composition: Chaired by the Minister in charge of the Department of Disabled Persons, the board includes members from both houses of Parliament and other key stakeholders.
• Functions: It advises the government on policy matters and reviews the implementation of welfare programmes for disabled persons.

State Advisory Boards

• Composition: These boards comprise experts on disability issues, district representatives, and members from NGOs. Preference is given to persons with disabilities to ensure that the board reflects the experiences and needs of the community.
• Functions: They work at the state level to develop and monitor policies and programmes. Their role includes coordinating with various departments to ensure that the needs of disabled persons are met.

District Level Committees

• Local Implementation: These committees are tasked with addressing grievances and ensuring that local-level issues are resolved promptly. They serve as the first point of contact for disabled persons seeking redressal for violations of their rights.

Commissioners and Special Courts

Chief and State Commissioners

• Role: The Chief Commissioner, appointed by the Central Government, along with State Commissioners, have the authority to oversee the implementation of the Act. They can summon witnesses, examine documents, and enforce compliance.
• Functions: They play a crucial role in monitoring the performance of governmental and non-governmental agencies in protecting the rights of disabled persons.

Special Courts

• Purpose: Special courts have been set up to expedite the hearing and disposal of cases related to the violation of the rights of persons with disabilities. This ensures speedy justice for disabled citizens who face discrimination or abuse.

Funding Mechanisms

The Act mandates the creation of both national and state funds dedicated to the welfare of disabled persons. These funds are intended to support:

• Financial assistance programmes,
• Rehabilitation initiatives,
• Infrastructure development to ensure accessibility.

Landmark Judgements on Rights of Persons with Disabilities in India in India

The judiciary in India has played a pivotal role in interpreting and reinforcing the rights of persons with disabilities. Several landmark judgements have contributed to the evolution of a rights-based approach in this area.

Vikash Kumar v. Union Public Service Commission (2021)

In this landmark case, the appellant, suffering from writer’s cramp, was denied the facility of a scribe during a civil services examination. The case highlighted that:

• The absence of a “benchmark disability” should not preclude the provision of reasonable accommodation.
• The court underscored that the state has a positive obligation to ensure that disabled persons receive all necessary support to exercise their right to equal participation.

State of Kerala v. Leesamma Joseph (2021)

This case dealt with the issue of reservation in promotions for disabled persons. The Supreme Court held that:

• Disabled persons are entitled to reservation in promotions, which is crucial for their continued participation in government services.
• The decision reaffirmed that reasonable accommodation and a conducive working environment are essential for protecting the rights of disabled employees.

Disabled Right Group v. Union of India (2017)

A public interest litigation filed by the Disabled Right Group led the court to:

• Emphasise the need for full implementation of reservation provisions in education and employment.
• Direct regulatory bodies such as the University Grants Commission (UGC) and the Bar Council of India to ensure that educational institutions comply with the Act’s mandates.

Union of India & Anr. v. National Federation of the Blind (2013)

In this case, the Supreme Court made several important observations:

• It clarified that employment is key to the empowerment of disabled persons.
• The judgement noted that reservation limits applicable to other categories (such as Other Backward Classes) do not apply to disabled persons, thus allowing for greater flexibility in ensuring adequate representation.

Avni Prakash v. National Testing Agency (2021)

This case revolved around the denial of reasonable accommodation during a national examination. The court ruled that:

• The National Testing Agency must ensure that all examination centres are aware of and comply with the provisions of the Act.
• A higher threshold for benchmark disability should not be used to deny statutory rights, reinforcing the importance of reasonable accommodation.

Conclusion

India’s journey towards ensuring the rights of persons with disabilities has seen significant milestones. From constitutional guarantees and progressive legislations to landmark judicial decisions, the legal framework today is robust and inclusive. The Rights of Persons with Disabilities Act, 2016 is a testament to India’s commitment to transforming disability from a marker of exclusion into a symbol of resilience and potential.

However, challenges remain. Despite the comprehensive legal framework, issues of implementation, awareness, and accessibility continue to pose hurdles. To truly realise the promise of the Act, a concerted effort is needed from the government, civil society, employers, and the judiciary. Regular monitoring, public awareness campaigns, and administrative reforms will ensure that disabled persons are not only protected by law but are also empowered to lead dignified and independent lives.