Subject: GS 2: Polity & Governance
Context: The Union Government has amended the Rights of Persons with Disabilities (RPwD) Act, 2016 to expand the definition of an ‘acid attack victim’ to include persons who suffer internal injuries caused by the ingestion of acid or similar corrosive substances.
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About Rights of Persons with Disabilities Act, 2016
- The RPwD Act was enacted in the year 2016 and came into force on 19th April, 2017.
- Replacement of Previous Legislation: It replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
About Persons with Disabilities
- Under the RPwD Act, 2016, “persons with disability” is defined as individuals who have a long-term physical, mental, intellectual, or sensory impairment which, in interaction with barriers, can hinder their full and effective participation in society on an equal basis with others.
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- Objective: To ensure that all persons with disabilities can lead their lives with dignity, without discrimination and with equal opportunities.
- Expansion of Disease Recognition: The Act recognises 21 types of disabilities such as Blindness, Low-vision, Dwarfism, Thalassemia, Hemophilia, Sickle cell disease, Acid attack victim etc.
- Definition of Benchmark Disability: A person with benchmark disability is defined as an individual with at least 40% of a specified disability when this disability is not quantified in measurable terms.
- For disabilities defined in measurable terms, a person with benchmark disability includes anyone certified as such by the relevant certifying authority.
- Alignment with International Standards: It incorporates the rights of persons with disabilities covered under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.
- The UN CRPD is a human rights treaty that aims to promote and protect the rights and dignity of persons with disabilities.
- It was adopted in 2006 and entered into force in 2008.
Key Highlights of the Amendment
- Expanded Definition: The term ‘acid attack victim’ now includes persons disfigured externally or internally due to a violent assault, self-infliction or accident involving the throwing, administering or spilling of acid or similar corrosive substances.
- Retrospective Applicability: The amendment has retrospective effect, enabling survivors who sustained internal injuries before 22 May 2026 to claim benefits under the RPwD Act, 2016.
- On May 22, 2026, the Union Government officially issued a notification amending the Schedule of the Rights of Persons with Disabilities (RPwD) Act, 2016.
- Bridging a Legal Gap: The earlier law recognised only victims of acid throwing, excluding survivors of forcible acid ingestion, despite such acts being punishable under criminal law.
- Alignment with Criminal Law: The amendment brings the RPwD Act in line with the Bharatiya Nyaya Sanhita (BNS), Section 124.
- BNS Section 124 (Voluntarily Causing Grievous Hurt) criminalises both acid throwing and administration of acid prescribing punishment from 10 years’ imprisonment to life imprisonment.
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About Supreme Court’s Intervention
- Judicial Recognition: In May 2026, the Supreme Court invoked its powers under Article 142 of the Constitution to include survivors of forcible acid ingestion within the category of acid attack victims under the RPwD Act.
- Need for Legislative Reform: The Court observed that survivors of forcible acid ingestion endure the same severe physical and psychological trauma as victims of acid throwing and should receive equal legal protection and rehabilitation.
- Directions to the Government: The Court urged the Union Government to:
- Strengthen penal and bail provisions relating to acid attacks.
- Formulate a comprehensive rehabilitation policy ensuring long-term medical care, rehabilitation and social reintegration of survivors.
15 Jul 2026
