Context
Recently, on March 9, 2026, the Supreme Court of India observed that if the Bharatiya Nyaya Sanhita (BNS) distinguishes between “throwing” and “administering” acid, the Rights of Persons with Disabilities (RPwD) Act, 2016 must also be updated to reflect this distinction. A Bench led by Chief Justice Surya Kant emphasized that the law must foresee and cover all forms of offences—including forced ingestion of corrosive substances—to ensure survivors are not excluded from the protective umbrella of disability welfare schemes and medical benefits.
Salient Features of the RPwD Act, 2016
1. Legislative Background
- The Act was enacted to give effect to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India ratified in 2007.
- It replaced the erstwhile Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
2. Expanded Definition of Disability
- The Act increased the number of recognized disability categories from 7 to 21.
- Specified Disabilities include: Blindness, Low-vision, Leprosy Cured persons, Hearing Impairment, Locomotor Disability, Dwarfism, Intellectual Disability, Mental Illness, Autism Spectrum Disorder, Cerebral Palsy, Muscular Dystrophy, Chronic Neurological conditions, Specific Learning Disabilities, Multiple Sclerosis, Speech and Language disability, Thalassemia, Haemophilia, Sickle Cell disease, Multiple Disabilities, Acid Attack victims, and Parkinson’s disease.
- The Central Government retains the power to add more types of disabilities to this list.
3. Rights and Entitlements
- Benchmark Disabilities: Defined as persons with at least 40% of a specified disability.
- Education: Every child with a benchmark disability between 6 and 18 years has the right to free education in a neighborhood school or special school of their choice.
- Employment Reservation: The Act mandates a reservation of not less than 4% in government establishments for persons with benchmark disabilities (an increase from 3% in the 1995 Act).
- Higher Education: A minimum of 5% reservation is provided in government and government-aided higher educational institutions.
4. Accessibility Mandates
- The Act imposes a legal obligation on the “appropriate government” to ensure that all public buildings are made accessible within a prescribed timeframe.
- It covers accessibility in the physical environment, transportation, and Information and Communication Technology (ICT) ecosystems.
5. Institutional Framework
- Chief Commissioner and State Commissioners: These offices act as regulatory bodies and grievance redressal agencies to monitor the implementation of the Act.
- National and State Advisory Boards: These serve as high-level policy-making bodies on disability matters.
- District Level Committees: Tasked with addressing local grievances and ensuring the delivery of services at the grassroots level.
- Special Courts: Designated in each district to ensure speedy trials for offenses committed against persons with disabilities.
Q. Consider the following statements regarding the Rights of Persons with Disabilities (RPwD) Act, 2016:
1. The Act increased the number of recognized disabilities from 7 to 21 and empowers the State Governments to add more categories as per regional requirements.
2. It mandates a 5% reservation in government jobs and a 4% reservation in higher educational institutions for persons with benchmark disabilities.
3. Every child with a benchmark disability has a statutory right to free education until the age of 18 years.
Which of the statements given above is/are correct?
A) 1 and 2 only
B) 3 only
C) 1 and 3 only
D) 1, 2 and 3
Solution: B
• STATEMENT 1 INCORRECT: While the Act increased categories from 7 to 21, the power to add more categories rests with the Central Government, not the State Governments.
• STATEMENT 2 INCORRECT: The Act mandates 4% reservation in government jobs and 5% reservation in higher educational institutions (the question interchanged these figures).
• STATEMENT 3 CORRECT: Section 31 of the Act specifically provides for the right to free education for children with benchmark disabilities between the ages of 6 and 18.
