The Rights of Persons with Disabilities Act, 2016

History of the Act

The Rights of Persons with Disabilities Bill, 2014 was introduced into the Parliament on February 07, 2014, and passed by the LokSabha on December 04, 2016. The Bill was passed by the RajyaSabha on December 16, 2016, and received the President's assent on December 27, 2016. This Act came on April 19, 2017

This Act replaced the previous Act in place, the Persons with Disability Act, 1995.

The Rights of Persons with Disabilities Act, 2016 is the disability legislation passed by the Indian Parliament to fulfil its obligation to the United Nations Convention on the Rights of Persons with Disabilities, which was ratified by India in 2007

The objective of the Act

The Rights of Persons with Disabilities Act, 2016 was passed by the Indian Parliament in order to make an equal place in the society for disabled peoples. This was also necessary because the previous Act for the disabilities was passed in the year 1995, and it was necessary to amend or replace it to meet the restrictions of the previous Act.

It aimed at encouraging establishments to have a disabled-friendly workplace. The objective was to make the workplaces disabled people friendly and to provide equal opportunities to disabled people. This Act aimed at keeping in check that disabled people are not being discriminated against solely because of their disabilities. It aimed at providing them with equal space in society and protecting their rights.

Content of the Act

Rights of Persons with Disabilities Act, 2016 provides for the protection of persons with disabilities from all the ill-treatment and experiences they are exposed to only because of their disabilities. This Act provides equal space and opportunities to them in order to express themselves as they want to without considering the disabilities they have.

The Act prohibits discrimination against persons with disabilities unless it can be shown that such an act is a proportionate means of achieving a legitimate aim.

The Rights of Persons with Disabilities Act, 2016 imposes obligations on private establishments to formulate an equal opportunity policy and maintain records of persons with disabilities employed by them.

Section 03 of the Act mentions the basic idea of the Act which is to be protected is that the Government shall ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others, what is implied here is that the basic essence of human life should not be compromised only because of a person's disability.

Section 04, 05, 06 and 07 of the Act directs all the Government and Local Authorities to take all the necessary action, especially to ensure that the women and children with disabilities are not being ill-treated and that they are not exposed to any cruelty, inhuman treatment, abuse, violence or exploitation.

Through this Act, Parliament has also tried to protect the skills and interests of the disabled persons by providing that the appropriate Government shall formulate schemes and programmes, including the provision of loans at concessional rates to facilitate and support the employment of persons with disabilities, especially for their vocational training and self-employment.

This Act also gives the right to disabled people with financial difficulties to seek medical help from the Government without any cost.

Given the nature and seriousness of the disabilities, the person suffering is also entitled to respective reservations in the various institutions and organizations at various stages. The specific provisions for the same are made in this and various similar Acts.

Under Section 58 of the Act, any person may apply, in the prescribed form, for the Certificate of Disability, which shall be valid across India.

To exercise the powers conferred on and to perform the functions assigned to it, under this Act, the Central Government shall, by notification, constitute a body to be known as the Central Advisory Board on Disability. This authority is to control, regulate and exercise the powers conferred to them under this Act. The States have the same authority to constitute a body to be known as the State Advisory Board on Disabilities to exercise their powers conferred to them and to perform the functions assigned to them under this Act. Both the Authorities are to meet at least once in six months, respectively.

Courts have been given special powers for speedy trial of the cases under this Act. For the purpose of providing speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district, a Court of Session to be a Special Court to try the offences under this Act

This Act also authorizes the Central Government to set up and maintain the National Fund for persons with disabilities.

The Act provides for penalties for offences committed against persons with disabilities and also a violation of the provisions of the new law.

Any person, who violates provisions of the Act, or any rule or regulation made under it, shall be punishable with imprisonment up to six months and a fine of rupees ten thousand or both. For any subsequent violation, imprisonment of up to two years and a fine of rupees five thousand to rupees five lakh can be awarded.

Conclusion

The Rights of Persons with Disabilities Act, 2016 was brought in place of the Rights of Persons with Disabilities Act, 1955 to overcome its limitations. This Act prohibits discrimination against disabled people. It protects the rights of people with disabilities with all fairness in the same manner as it is protected of others.

This Act is seen as a very crucial Act, as it includes even the private companies and organizations under its purview to have disabled-friendly workplaces. Given this anomaly, on a strict reading of the Act, there is currently no government that has the authority to monitor the implementation of the provisions of the Act in private establishments. This could lead to several issues.