Discuss the salient features of the Rights of Persons with Disability Act 2016 along with the shortcomings. (250 words)

Discuss the salient features of the Rights of Persons with Disability Act 2016 along with the shortcomings. (250 words)

Approach:

  • Introduce with some stats reflecting situation of disabled and the need for such an Act.
  • Point out the salient features of the Act.
  • Mention what is missing in the bill
  • Conclude Appropriately.
Model Answer :

In India, according to the 2011 Census, 2.21% of the population has one or multiple types of disabilities, making the country home to one of the largest disabled populations in the world. So the Parliament passed Rights of Persons with Disability Act 2016, a radically transformative legislation to address the concerns of arguably the most marginalised section of the Indian society.

Salient features of the Act:

  1. It increases the number of recognised disabilities from 7 to 21.
  2. It allows Central Government to notify additional disabilities, now disability is defined on the basis of dynamic and evolving concept.
  3. It also defines persons with benchmark disability as those with at least 40% of specified disabilities making them entitled to benefits such as reservations in education and employment, preference in govt schemes, etc.
  4. Reservation in all government institutions of higher education and those getting aid from the government for persons with benchmark disabilities is increased from 3% to 5% and in government jobs from 3% to 4%.
  5. All existing public buildings are to be made accessible for disabled persons.
  6. Central and State advisory boards on disability to advise government on policies and programmes on disability and to review the activities of organisations dealing with disabled persons.
  7. National and State fund to support persons with disabilities.
  8. It has penal provisions for violation of the Act which was missing in earlier legislation.

But there are few shortcomings in the Act such as:

  1. The Bill makes the clauses on non-discrimination in employment mandatory only in government establishments.
  2. The bill does not specify the time frame for a certificate of disability to be issued. This gives PWDs no way to address the issues they face when tackling the bureaucracy in receiving their benefits.

However legislation alone is not enough, if implementation remains abysmal. While taking care of the implementation, the law must also gradually evolve to take care of the needs of people with various types and levels of disabilities.

Subjects : Social Justice