Recently, the Central Government has enforced new amendments to the Rights of Persons with Disabilities (RPwD) Rules, 2024.
Rights of Persons with Disabilities Rules
- The RPwD Rules 2024, have come in the wake of the IAS probationer Puja Khedkar controversy.
- The amendments were made under Sections 100 (1) and (2) of the Rights of Persons with Disabilities Act, 2016 and have been published in the Official Gazette to mark their enforcement.
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Rights of Persons with Disabilities Act, 2016
- Enactment and Enforcement: The Rights of Persons with Disabilities (RPwD) Act was enacted in the year 2016 and came into force from 19th April, 2017.
- Replacement of Previous Legislation: It replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
- Objective of the Act: The objective of the RPwD Act is 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.
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About Persons with Disabilities
- Under the Rights of Persons with Disabilities (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.
Rights of Persons with Disabilities (RPwD) New Rules, 2024
- Streamlined Application Process
- The amendments aim to simplify the process for persons with disabilities to obtain disability certificates and Unique Disability Identity (UDID) cards.
- Individuals with specified disabilities can now apply for these documents through the UDID Portal, submitting their applications to the district medical authorities or medical facilities where they are being treated.
- Colour Coded UDID Cards: The updated rules introduce colour-coded UDID cards to signify varying levels of disability:
- White: For disabilities below 40%
- Yellow: For disabilities between 40% and 79%
- Blue: For disabilities of 80% or higherTimely Issuance of Disability Certificates: Medical authorities are required to issue disability certificates and UDID cards within three months of diagnosis to expedite service for applicants.
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- The Unique Disability Identity (UDID) aims to create a national database for Persons with Disabilities (PwDs) and issue each person with disabilities with a Unique Disability Identity Card.
- The UDID portal streamlines the process for disability certificates and documentation.
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- Permanent and Time-Limited Certificates
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- For irreversible disabilities, permanent disability certificates will be issued.
- Time-limited certificates will be provided for conditions with potential for improvement.
- Inactive Applications: Applications that remain unresolved for over two years will be marked as inactive.
- Applicants will need to reapply if their applications lapse beyond this period.
Other Initiatives in India for Supporting Persons with Disabilities
- Accessible India Campaign (Sugamya Bharat Abhiyan): This campaign aims to make public spaces, transportation, and ICT (information and communication technology) accessible to persons with disabilities.
- Divyang Sarathi App: This mobile application provides information on policies, schemes, and guidelines available for persons with disabilities, helping improve awareness and access to government resources.
- Deendayal Disabled Rehabilitation Scheme (DDRS): The DeenDayal Disabled Rehabilitation Scheme (DDRS) is a Central Sector Scheme of the Government of India.
- It provides financial assistance to voluntary organisations working for the education and rehabilitation of persons with disabilities.
- PM Daksh Portal: This portal is introduced by the Department of Empowerment of Persons with Disabilities (DEPwD).
- It is a comprehensive digital platform designed to empower Persons with Disabilities in their pursuit of skill training and employment opportunities.
- The portal offers seamless registration through UDID, access to location-based skill training options, a wide array of job listings from across India, and streamlined administrative processes.
- Samarth and Gharaunda: The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation (Intellectual Disability), and Multiple Disabilities is an autonomous body under the Department of Empowerment of Persons with Disabilities that implements several schemes:
- Samarth: A respite care scheme providing temporary relief to families.
- Gharaunda: A group home scheme for lifelong care and support for adults with disabilities.
- Samarth-cum-Gharaunda: A Residential Care scheme for these Persons with Disabilities who are orphans, whose families are in distress and Persons with these Disabilities (PwD) from households living below poverty line through its Registered Organizations (ROs) in the country.
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International Efforts For Supporting Persons With Disabilities
- Sustainable Development Goals (SDGs): The 2030 Agenda for Sustainable Development includes specific targets for persons with disabilities under multiple SDGs, especially in education (Goal 4), employment (Goal 8), reducing inequalities (Goal 10), and creating inclusive communities (Goal 11).
- Biwako Millennium Framework: It is a regional framework for action to promote an inclusive, barrier-free and rights-based society for persons with disabilities in Asia and the Pacific.
- Rehabilitation 2030 initiative of World Health Organization (WHO): WHO promotes disability-inclusive healthcare through the Rehabilitation 2030 initiative to strengthen global rehabilitation services.
- International Labour Organization (ILO) Standards and Programs: ILO emphasises inclusive employment for persons with disabilities through Convention No. 159 on Vocational Rehabilitation and Employment (1983) and promotes initiatives for equal employment opportunities.
- Global Accessibility Awareness Day (GAAD): GAAD is celebrated annually on the third Thursday of May to raise awareness and understanding about digital accessibility, focusing on inclusive technology for individuals with disabilities.
- The Marrakesh Treaty (WIPO): Enacted by the World Intellectual Property Organization (WIPO) in 2013, the Marrakesh Treaty seeks to improve access to published works for people with visual impairments, addressing the “book famine” for persons with disabilities.
- The Global Action on Disability (GLAD) Network: This network brings together donors and international organisations to align disability-related initiatives worldwide, supporting disability-inclusive development and humanitarian efforts.
October 25, 2024
