Rights of Persons with Disabilities Act, 2016

The Rights of Persons with Disabilities Act, 2016 establishes a rights-based framework for equality, non-discrimination and participation of persons with disabilities. A “specified disability” is one included in the Schedule to the Act, while a “person with benchmark disability” generally has at least 40% of a specified disability, certified by the competent certifying authority. The Act defines inclusive education as a system in which students with and without disabilities learn together and teaching is suitably adapted to meet their different learning needs.

Specified disabilities under the Act

The Schedule covers a broad range of physical, intellectual, mental, neurological, blood-related and multiple disabilities. The Central Government may add another category to the Schedule by notification.

• Physical disabilities include locomotor disability, leprosy-cured persons, cerebral palsy, dwarfism, muscular dystrophy and acid-attack victims.
• Visual impairment includes blindness and low vision.
• Hearing impairment covers deafness and hardness of hearing; speech and language disability is separately recognised.
• Intellectual disability includes specific learning disabilities and autism spectrum disorder.
• Mental illness is recognised as a specified disability.
• Disabilities arising from chronic neurological conditions include multiple sclerosis and Parkinson’s disease.
• Blood disorders include haemophilia, thalassemia and sickle-cell disease.
• Multiple disabilities, including deafblindness, are covered.

Benchmark disability and associated entitlements

Benchmark disability is the threshold used for important statutory entitlements, particularly in education and public employment. Certification must be made by an authority designated under the Act.

• A child with benchmark disability between six and eighteen years has a right to free education in a neighbourhood school or a special school of the child’s choice.
• Government institutions of higher education and other higher educational institutions receiving government aid must reserve at least 5% of their seats for persons with benchmark disabilities.
• Persons with benchmark disabilities receive a five-year relaxation in the upper age limit for admission to such higher educational institutions.
• Government establishments must reserve at least 4% of vacancies in cadre strength in each group of posts for persons with benchmark disabilities, subject to the Act’s provisions on identified posts and exemptions.

Framework for inclusive education

The Act places duties on the appropriate governments, local authorities and educational institutions funded or recognised by them. These obligations apply to children with disabilities generally and seek participation in mainstream education with necessary support.

• Educational institutions must admit children with disabilities without discrimination and provide equal opportunities for education, sports and recreation.
• School buildings, campuses and educational facilities must be made accessible.
• Reasonable accommodation and support appropriate to each student’s requirements must be provided.
• Children with specific learning disabilities must be identified at the earliest, followed by suitable pedagogical and other measures.
• Participation, educational attainment and completion of education by students with disabilities must be monitored.
• Transportation must be provided to children with disabilities and, where required, to attendants of children having high support needs.
• Governments must support teacher training, resource centres and the use of Braille, sign language and appropriate augmentative and alternative modes of communication.
• Curriculum and examination systems should be suitably modified, including measures such as extra time, scribes and appropriate language exemptions where needed.
• Scholarships, suitable learning materials and assistive devices are among the measures contemplated to facilitate inclusive education.

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