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Rights of Persons with Disabilities in India
  27 Oct'2018

Rights of Divyangs (RPwD) as per the Disability Act of India

There are many challenges that a differently-abled person (Divyang) goes through during his /her lifetime. For those who are born with a disability, the difficulties start on the first day of their life. The pain and the medical treatments are already too much, yet they have to face a lot of discrimination from the society. They are not accepted as equals and are either made fun of or even bullied by their peers. There are many areas where they lag just because they are not given equal opportunities.

To help disabled people lead a more comfortable life, the Government of India passed the Rights of Persons with Disabilities Act in the year 2016. This act replaced the Persons with Disabilities Act (Equal Opportunity Protection of Rights and Full Participation) of 1995. This act is specially designed for people who are specially-abled to give them certain benefits like reservations in higher studies and government jobs.

 

Benefits and Rights under RPWD Act (2016) 

Below are benefits for those Divyangs who have a Disability Certificate as per the Disabilities Act: 

  • The RPwD act focuses on ensuring equal treatment for specially-abled people from all walks of life. 

  • Public places whether government or private, are to be made accessible to differently-abled people in every possible manner within the time frame suggested by the government. This is an initiative for making the “Prime Minister’s Accessible India Campaign” stronger. 

  • All the educational institutions of the country whether funded or recognized by the government have to provide all-inclusive education to differently-abled students. 

  • Divyang children that have benchmark disability and are anywhere between the age of 6 years to 18 years are entitled to free education as per the Disabilities Act. 

  • As per the sections, 80DD and 80U of Income Tax Act (1961), differently-abled people are also entitled to some concessions in income tax.

The people that have high support needs and/or a benchmark disability are entitled to:

  • 5 % allotment in poverty alleviation schemes 

  • Reservation in land allocations 

  • 4% or more reservation in government jobs 

  • 5 % or more reservation in higher education 


Defining Disabilities in the RPWD Act, 2016:

21 types of disabilities are covered in the new act as compared to 7 in the previous act. The central government of India has full authority on adding further categories to the existing list. People that have 40% or more of one or more disabilities are categorized under benchmark disabilities. The current list of disabilities that are a part of this act is as follows: 

  1. Mental Illness
  2. Multiple Disabilities including deafblindness
  3. Acid Attack victim
  4. Parkinson's disease
  5. Dwarfism
  6. Intellectual Disability
  7. Autism Spectrum Disorder
  8. Cerebral Palsy
  9. Specific Learning Disabilities
  10. Multiple Sclerosis
  11. Speech and Language disability
  12. Thalassemia
  13. Sickle Cell disease
  14. Blindness
  15. Hemophilia
  16. Low-vision
  17. Leprosy Cured persons
  18. Muscular Dystrophy
  19. Chronic Neurological conditions
  20. Hearing Impairment (deaf and hard of hearing)
  21. Locomotor Disability

Penalties for the Violation of RPWD Act 2016

There are strict measures taken against those who violate the Rights of Persons with Disabilities Act (2016) or commit any crime against the divyangs. The penalties for violating this act are explained as follows: 

  • The cases that include the violation of rights of PWDs will be taken care of in special courts designated in all the districts. 

  • A fine and imprisonment (6 months to 5 years) is the punishment for sexual exploitation of a child or woman with a disability or intentional insult/intimidation under this act. 

  • For the violation of the provisions and regulations of the act, a punishment of 6 months of imprisonment with/or a fine of 10,000 rupees is given. 

  • If the violation is repeated the punishment can be given up to 5 years and/or a fine of 50,000-5,00,000. 

We spread awareness for the rights of people with disabilities because there are a lot of Divyangs that are unaware of these rights and can be highly benefitted by them. Divyangs must be aware of their rights so that they can claim them as and when they have to. Narayan Seva Sansthan has always stood by the side of divyangs to make them physically, economically and socially stronger and to make their life easier and happier. 

Most of our efforts are dedicated to the betterment and empowerment of the specially-abled and to ensure true equality for them. Our medical team works tirelessly to perform corrective surgeries for differently-abled. Our prosthetics and orthotics department is dedicated to providing for the artificial limbs for amputees and the people that are born without limbs. Apart from this, our initiatives like skill development courses and Divyang Vivah are for making them economically and socially strong in the long run. 

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