Rights of Persons with Disabilities Act, 2016

The Rights of Persons with Disabilities Act, 2016 establishes a rights-based framework for equality, non-discrimination, participation and accessibility. It requires the removal of barriers through prescribed accessibility standards, reasonable accommodation and universal design. A person with benchmark disability generally has at least 40% of a specified disability, certified by the competent authority.

Disabilities covered

A specified disability is one included in the Schedule; the Central Government may add categories by notification.

• Physical disabilities include locomotor disability, leprosy-cured persons, cerebral palsy, dwarfism, muscular dystrophy and acid-attack victims; visual and hearing impairments, and speech and language disability, are also covered.
• The Schedule recognises intellectual disability, specific learning disabilities, autism spectrum disorder, mental illness, chronic neurological conditions such as multiple sclerosis and Parkinson's disease, blood disorders, and multiple disabilities, including deafblindness.

Benchmark disability and entitlements

The benchmark threshold determines important statutory entitlements in education and public employment.

• A child with benchmark disability aged 6-18 years has a right to free education in a neighbourhood school or a special school of the child's choice.
• Government and government-aided higher educational institutions must reserve at least 5% of seats and provide a five-year upper-age relaxation for persons with benchmark disabilities.
• Government establishments must reserve at least 4% of vacancies in the cadre strength of each group of posts, subject to provisions concerning identified posts and exemptions.

Accessibility framework

The Central Government must formulate accessibility standards, through rules and in consultation with the Chief Commissioner, for the physical environment, transport, information and communication, and other facilities and services.

• Transport measures cover accessible facilities at bus stops, railway stations and airports, accessible roads and toilets, vehicle standards, and schemes supporting personal mobility.
• Information and communication duties include accessible audio, print and electronic content, and access to electronic media through audio description, sign-language interpretation and close captioning.
• Everyday electronic goods and consumer goods should follow universal design principles so far as practicable.
• Building permission and completion certificates cannot be granted unless prescribed accessibility norms are observed. Existing public buildings and services were required to become accessible within the Act's specified transition periods, subject to permitted extensions.
• Government and private service providers must provide services in accordance with the applicable accessibility rules.

Inclusive and accessible education

Inclusive education means students with and without disabilities learning together, with teaching adapted to different needs. Governments, local authorities and funded or recognised institutions must make education accessible.

• Institutions must admit children without discrimination, provide equal opportunities in education, sports and recreation, make campuses accessible, and provide reasonable accommodation and individual support.
• Authorities must identify specific learning disabilities early, monitor participation and completion, and provide transport, including for attendants where high support needs require it.
• Support includes trained teachers, resource centres, Braille, sign language, augmentative communication, scholarships, accessible learning materials and assistive devices.
• Curricula and examinations should be suitably modified through measures such as extra time, scribes and appropriate language exemptions.