Mains Practice Questions

Introduction

The Rights of Persons with Disabilities (RPWD) Act, 2016 was enacted to replace the Persons with Disabilities (PWD) Act, 1995. It expanded the definition of disability from 7 to 21 categories, emphasizing dignity, non-discrimination, and inclusion. However, despite its progressive provisions, implementation challenges persist, hindering the realization of its objectives.

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Implementation Challenges of the RPWD Act, 2016

• Inadequate Resource Allocation
  • The Parliamentary Standing Committee (2022-23) highlighted suboptimal budget allocation for disability programs.
  • The budget for Schemes for Implementation of the RPWD Act (SIPDA) increased by less than 9% between 2016-17 and 2020-21, despite the expansion of program components.
    • The disability pension under the Indira Gandhi National Disability Pension Scheme is only ₹300-500 per month, insufficient given rising inflation.
• Coordination Issues and Bureaucratic Hurdles
  • Poor inter-departmental coordination has led to delays in implementing key provisions, such as ensuring accessible infrastructure and job reservations.
  • States fail to submit Utilization Certificates (UCs) on time, leading to delays in central fund disbursement for PwD welfare initiatives.
    • Many PwDs face challenges in obtaining a Unique Disability ID (UDID) due to stringent documentation requirements and bureaucratic inefficiencies.
• Employment and Economic Marginalization
  • Though the Act provides 4% reservation in government jobs, only 34 lakh out of 1.3 crore employable PwDs are in formal employment.
    • Many companies prefer to pay fines rather than comply with disability hiring norms.
  • The informal sector remains largely unregulated, offering little scope for PwDs’ economic inclusion.
    • Lack of skill development programs tailored for PwDs under Skill India and PMKVY further limits their employability.
• Barriers to Education and Healthcare
  • The National Fellowship Scheme is the only educational initiative meeting its targets, while other PwD education schemes remain underfunded and stagnant.
    • Many higher education institutions fail to provide inclusive learning materials, assistive technologies, and accessible infrastructure.
  • Healthcare challenges include:
    • Public health schemes (e.g., Ayushman Bharat) not covering rehabilitation services, assistive devices, or long-term disability care.
    • Mental healthcare services for PwDs remain underdeveloped.
• Societal Stigma and Discrimination
  • Deep-rooted ableism results in social exclusion and discriminatory attitudes in workplaces and public spaces.
  • Women with disabilities face dual discrimination—limiting their access to education, healthcare, and employment (only 23% of women with disabilities work, compared to 47% of men).
• Weak Monitoring and Accountability Mechanisms
  • The Office of the Commissioner for Persons with Disabilities lacks adequate autonomy and enforcement powers to ensure policy implementation.
    • Time-bound grievance redressal mechanisms for PwDs facing discrimination or rights denial are largely absent.

Measures to Strengthen the Effectiveness of the RPWD Act, 2016:

• Enhance Budget Allocation and Resource Availability
  • Increase financial allocation for SIPDA to match the expanded scope of disability rights programs.
    • Revise disability pensions to reflect inflation-adjusted cost of living.
  • Introduce special funding schemes for assistive devices, rehabilitation services, and digital accessibility tools.
• Strengthen Coordination and Administrative Efficiency
  • Create a centralized digital portal for tracking state-level fund utilization and ensuring timely release of funds.
  • Simplify the UDID registration process by integrating it with Aadhaar and existing government databases to reduce documentation barriers.
• Improve Accessibility in Infrastructure and Digital Platforms
  • Mandate universal compliance with the ICT Accessibility Standard IS 17802 across government, financial, and educational digital services.
  • Ensure that all public transport and urban infrastructure projects incorporate disability-accessible designs.
    • Expand Accessible India Campaign targets to cover private housing projects as well.
• Promote Inclusive Employment and Workplace Policies
  • Introduce a National Disability-Inclusive Employment Policy mandating:
    • Vocational training tailored for PwDs under Skill India and PMKVY.
    • A Disability Employment Index to track inclusive hiring in public and private sectors.
  • Offer tax incentives to businesses hiring PwDs and penalize non-compliance with reservation policies.
• Specialised Campaigns Against Societal Stigma and Increase Awareness:
  • Incorporate disability sensitivity training in schools, workplaces, and public administration.
    • Enforce Supreme Court guidelines on disability representation in media to counter negative stereotypes.

Conclusion

RPWD Act, 2016 is a landmark step in ensuring equal rights and dignity for persons with disabilities. It aligns India's legal framework with the United Nations Convention on the Rights of Persons with Disabilities (CRPD), 2006.