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Rights of Persons with Disabilities Act, 2016 – An Overview

Compared to the PWD Act, the current RPD Act strengthens the regulatory, monitoring, and grievance redressal mechanisms in terms of their functions and composition. It also stipulates designation of special court at the district level for fast tracking cases of persons with disabilities under the Act.

This document contains a brief narrative and overview of the Rights of Persons with Disabilities Act, 2016 with a view to enabling corporates, social workers, human rights activists, rehabilitation professionals, academia, etc. to acquire an overall understanding of this important legislation so that they are able to do their bid in the matter of its implementation. The narrative also contains a segment that focuses on the role and obligations of the private sector.

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Key Findings

The Scope

The RPD Act provides for representation of persons with disabilities in the various bodies to be created under this new legislation. Thus the value and indispensability of experiential expertise also stands recognized.

Compliance

The Act provides for time-limit for compliance with some of its substantive provisions which includes provisions in respect of compliance with accessibility norms.

Equal opportunity

This legislation adopts a social and human rights-based approach to disability and recognizes that persons with disabilities are capable of human rights and fundamental freedoms on an equal basis with others.

No discrimination

The RPD Act also explicitly stipulates that no person with disability shall be discriminated against on ground of disability unless it is shown that the impugned act or omission is to achieve a legitimate aim.

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