The journey toward comprehensive legislation for the rights of persons with disabilities in India began with the recognition that traditional legal frameworks were inadequate to address challenges. This led to the introduction of various laws pertaining to different aspects of disability, welfare, and empowerment. These laws included the Mental Health Act, 1987, the Rehabilitation Council of India Act, 1992, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act), and the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities Act, 1999.
The beginning
The PWD Act was notified on 7th February 1996. Under the PWD Act 1995, one of the most significant provisions was the 3% reservation for persons with disabilities in government jobs. Yet, the Act had its limitations as it recognised only 7 disabilities, leaving other categories without legislative protection against discrimination. In 2007, India signed the United Nations Convention on the Rights of Person with Disabilities (UNCRPD). This convention signified a shift in the perception of disability, transitioning from a medical issue to a societal challenge. By signing this convention, India committed to revising and amending its existing laws to align with the UNCRPD.
Rights of Persons with Disabilities Act, 2016
Following the footsteps of the UNCRPD, the Rights of Persons with Disabilities Act (RPwD) was enacted in 2016 replacing the older PWD Act, of 1995. The RPwD Act recognised the evolving understanding of disability and the need for a more inclusive and broad approach. It expanded the definition of disability from seven categories to twenty one categories including autism. The reservation for persons with disabilities in government jobs was raised from 3% to 4%. Notably, the RPwD Act expanded the scope of disability legislation to include private companies for the first time. It mandated that private employers implement equal opportunity policies, provide reasonable accommodations, and take measures to prevent discrimination, among other obligations.
Key provisions of the RPwD Act 2016
- Skill development and employment
The RPwD Act, 2016 mandates that the Central/State governments create schemes and programs, including concessional loans, to support the employment of persons with disabilities, particularly in vocational training and self-employment. The Act also emphasises the development of specialised skill training programs linked to the job market for persons with disabilities. It ensures non-discrimination in employment, reasonable accommodations, and a supportive, barrier-free work environment. It requires that every establishment, public or private, publish an equal opportunity policy and register it with the Chief or State Commissioner.
The Act mandates the maintenance of records related to employment matters for persons with disabilities , ensuring they are available for inspection. The Act reserves 4% of government jobs for individuals with benchmark disabilities. It recommends similar incentives for persons with disabilities in private companies, but does not provide specific details about the same.
- Non Compliance under the RPwD Act, 2016:
The Act includes punishment for non-compliance, such as fines of up to INR 10,000 for the first offence. For any subsequent violations further fines ranging from INR 50,000 to INR 5 lakhs can be imposed. Additionally, any person who fails to produce any compliance-related documents when asked, shall be liable to a fine of up to INR 25,000 for each offence. For each day the failure continues, the fine may increase by INR 1,000 per day.
- Implementation of RPwD Act, 2016:
Although the Act addresses several important issues, the real challenge lies in its implementation. Lack of awareness about the act among officials, and employers remains one of the biggest hindrances. While the RPwD Act, 2016 tries to bridge infrastructure gaps through the various provisions, many buildings and services still lack adequate facilities. Implementation also suffers due to limited budget allocations for support services, training programs, and infrastructure improvements. These factors must be addressed to transform the provisions of the law into tangible outcomes for persons with disabilities.
How can companies begin implementing the guidelines of RPwD?
- Drafting equal employment opportunities policies that has a broad understanding of different kinds of disabilities
- Establishing inclusive infrastructure for persons with disabilities like ramps, different toilets, button-operated door, seat allocation near door etc
- Sensitising leadership on the RPwD Act and helping them with tools to provide necessary accommodation for team members with disabilities
- Helping employees with disabilities through mentorship so that they can avail pipelines for career and skills development
The Rights of Persons with Disabilities Act, 2016 represents a significant advancement in safeguarding and empowering persons with disabilities in India. While progress has been made, the path toward full implementation requires continued dedication, and broader awareness. Companies and senior leadership have an important role to play here.
Serein empowers organisations to create an inclusive workplaces for people with disabilities through tailored training, strategic policy development, and expert guidance—contact us to learn more at hello@serein.in.