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Context:

The Supreme Court directed the Union government to develop mandatory rules for ensuring the accessibility of public places and services to people with disabilities. It emphasized accessibility as a fundamental right and required compliance within three months of the judgment.

What is the Rights of Persons with Disabilities (RPwD) Act?

The Rights of Persons with Disabilities (RPwD) Act was enacted in 2016 is consistent with India's obligations under the United Nations Convention on the Rights of Persons with Disabilities. The RPwD Rules of 2017 was framed under the Act to lay down specific accessibility standards.Its objective is to ensure dignity, non-discrimination, and equal opportunities for people with disabilities. It aims to improve accessibility to the physical environment, transportation, communication, and public facilities.

Highlights of the Supreme Court Judgment

The Court noted that the RPwD rules of 2017 provided only appealing guidelines, not mandatory enforceable standards.  

The Court examined the NALSAR Centre for Disability Studies (CDS) report, which highlighted a lack of progress and inconsistent accessibility standards across various sectors.

NALSAR-CDS report Delhi had 3,775 low-floor CNG buses for accessible travel, compared to Tamil Nadu's 1,917 accessible buses out of 21,669.  It emphasized the multiple barriers faced by people with disabilities due to caste, gender, religion, and region. Inaccessible job portals for visually impaired people, as well as a lack of sign language recognition for those with hearing and speech impairments, were major concerns.

Supreme Court directions to the Union government

Create mandatory uniform rules under the RPwD Act within three months. 

During the rule-making process, consult with stakeholders such as people with disabilities and the NALSAR Centre for Disability Studies.

Develop penalties for noncompliance by refusing completion certificates and imposing fines.

Persons with Disabilities (PwDs) in India

According to the 2011 Census, about 26.8 million people, or 2.21% of the Indian population are estimated to be disabled. These disabilities include mental illness, physical impairments, intellectual disabilities, and sensory impairments.

Rights of Persons with Disabilities (RPwD) Act 2016

It was enacted to implement the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) 2006, which India ratified in 2007. 

It replaced the out-of-date Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act of 1995 to address the changing needs and challenges that people with disabilities face in India.

Key Provisions

• It expanded the definition and classification of disabilities from 7 to 21 types, and also empowered the central government to notify additional categories of disabilities.
•  It defines a person with benchmark disability as having at least 40% of a specific disability.
• Children with benchmark disabilities (aged 6–18 years) are entitled to free education.
• Persons with benchmark disabilities are eligible for 5% reservation in government and government-aided higher education institutions.
• It offers a 4% reservation in government jobs to people with benchmark disabilities.

Way Forward

Disability benefits are critical to ensuring that people with disabilities have access to healthcare, financial stability, job opportunities, and education. These benefits encourage inclusivity, provide equal opportunities, and improve the overall quality of life for disabled people, resulting in a more inclusive society.

Must Read Articles: 

INDIA'S DISABILITY LAW

RIGHTS OF PERSONS WITH DISABILITIES ACT 2016

RIGHTS OF PERSONS WITH DISABILITIES (AMENDMENT) RULES 2024

RIGHT OF PERSONS WITH DISABILITIES ACT, 2016 (RPWD ACT)

STATUS OF PERSONS WITH DISABILITIES (PWDS)

Source: 

Indian Express

PRACTICE QUESTION Q.Consider the following statements: 1. According to the 2011 Census, nearly 5% of the country's population is estimated to be disabled. 2. India has not ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Which of the above statements is/are correct? A) 1 only B) 2 only C) Both 1 and 2 D) Neither 1 nor 2  Answer: D Explanation: Statement 1 is incorrect: According to the 2011 Census, there are around 26.8 million Indians who are disabled, accounting for 2.21% of the total population. This includes a wide range of disorders, including mental illnesses, physical impairments, cognitive disabilities, and sensory impairments. Statement 2 is incorrect: As a signatory to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), India is responsible for promoting accessibility as an essential right.  The Rights of Persons with Disabilities (RPwD) Act, enacted in 2016, is based on the CRPD and aims "to ensure that all persons with disabilities can lead their lives with dignity, without discrimination, and with equal opportunities."