Blog Topic Category

PwDs have Rights. Yes!

By, The Say Foundation Team
banner

The Rights of Persons with Disabilities Act, 2016, is the current version of a prior law that has undergone significant revision and improvement by the Indian government.

What does it have?

  1. Definition of “Person with Disability”
  2. Definition of “Person with Benchmark Disability”
  3. The number of disability types increased from 7 to 21 that are now recognized by the Government of India
  4. Reservation for Government jobs
  5. Availability of legal recourse including special courts in each district
  6. Free education

Some of the best resources on this subject and explained well are:

According to The Rights of Persons with Disabilities Act, 2016

1. Definition of “Person with Disability”

"Person with disability" means a person with long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others.

2. Definition of “Person with Benchmark Disability”

"Person with benchmark disability" means a person with not less than forty per cent of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority.

3. The number of disability types increased from 7 to 21 which are now recognized by the Government of India. Based on the definitions, Persons with the following Disabilities can get benefits from the Government. 

A. Physical Disability

a. Locomotor impairment

i. Leprosy Cured Person – Cured of leprosy but the after effects result in various problems resulting in an inability to function normally (1)

ii. Cerebral Palsy – Affecting body movements due to neurological  condition caused by damage to one or more areas of brain (2)

iii. Dwarfism- Shorter than average body height – under 4 feet 10’ (3)

iv. Muscular Dystrophy – Weak muscles and overall loss of muscle mass (4)

v. Acid Attack Victims – Disfigured due to throwing of acid or any other corrosive substances (5)

vi. Locomotor Disability – affecting movement from one place to another (6)

b. Visual Impairment

i. Blindness – Can’t See. Total blackness. (7)

ii. Low Vision – 40% & above loss of vision (8)

c. Hearing Impairment

i. Deaf – 70 DB hearing loss in both ears (9)

ii. Hard of hearing – 60 DB – 70 DB hearing loss in both ears (10)

d. Speech and Language Disability – laryngectomy or aphasia impacting or affecting speech and language due to organic or neurological causes (11)

B. Intellectual Disability

a. Specific Learning Disabilities – One or more of these abilities is an issue - ability to listen, think, speak, write, spell, or do mathematical calculations (12)

b. Autism Spectrum Disorder – Neurological & developmental disorder affecting communication & behaviour (13)

C. Mental Behaviour (Mental Illness)

Mental Disorder of mood, memory, orientation, imparing judgement, capacity to recognize reality (14)

D. Disability caused due to-

a. Chronic Neurological Conditions such as-

i. Multiple Sclerosis – In this condition, the immune system attacks the brain & spinal cord (Central Nervous System) thereby damaging nerves (15)

ii. Parkinson’s Disease – This is again a Central Nervous System disorder affecting movement – tremors and stiffness is it’s characteristics (16)

iii. Other Chronic Neurological conditions – Alzheimer’s, ALS (Lou Gehrig’s disease, Epilepsy, Stroke among others (17)

b, Blood Disorder-

i. Haemophilia – Blood disorder – lack of blood clotting proteins which means that the bleeding continues for a longer period of time than in a regular case (18)

ii. Thalassemia – Production of less or abnormal haemoglobin (responsible for carrying oxygen around inside the body) resulting In fatigue, pale skin (19)

iii. Sickle Cell Disease – Group of blood disorders making the Red Blood Cells to become sickle-shaped, misshapen and break down  thereby reducing the capacity/ability to carry oxygen. (20) 

E. Multiple Disabilities – 2 or more disabling conditions are categorized under this disability type – for ex deaf & blind. (21)

4. Reservation for Government jobs

4% reservation is provided by the Government (earlier it was 3%)

5. Availability of legal recourse including special courts in each district

There are several legal options, including specialised courts in each district to address matters involving the violation of PwDs' rights. Additionally, to address regional PwD challenges, state governments must form district-level committees.

To act as the top policy-making body at the Central and State levels, broad-based Central & State Advisory Boards on Disability are to be established.

More authority has been provided to the Office of the Chief Commissioner and the Office of State Commissioners of Persons with Disabilities.

6. Free education

Every disabled child between the ages of 6 and 18 is entitled to free education.

Please get in touch with us if you have any inquiries about the Rights of Persons with Disabilities Act, 2016

Related Articles

Eliminating Unconscious Bias in the Workplace
By, The Say Foundation Team | 14 Oct, 2022
Salman Khan's Jai Ho movie inspiring dialogue: ...
By, The Say Foundation Team | 03 Dec, 2023
The Lurking Unconscious Bias: Are we as unprejudiced ...
By, The Say Foundation Team | 12 Oct, 2022
What are the jobs that PwDs can do remotely/ from home? ...
By, The Say Foundation Team | 21 Oct, 2022
A Fair Opportunity : The tool for a V.I.P’s Vision
By, The Say Foundation Team | 09 Dec, 2023
We collect and use cookies to give you the best and most relevant website experience. Accept