Examining Government Assertions Regarding the 'Disability Rights Act's Legal Implications

In a significant step forward for the rights of persons with disabilities, the Indian government passed the Rights of Persons with Disabilities Act, 2016. This replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

The new act expanded the definition of disabilities from the original 19 categories to 21, including speech and language disability, specific learning disability, dwarfism, and acid attack victims. This expansion was a crucial move towards inclusivity and equal opportunities for all.

The act, under Chapter 3, focuses on the aspects of education, ensuring free and compulsory education for children between the ages of 6 and 18, as mandated by the Constitution (Eighty-sixth Amendment) Act, 2002. Special provisions are made for children with benchmark disabilities, guaranteeing their right to free education up to the age of 18.

Government institutions of higher education and other higher education institutions receiving aid from the Government are required to reserve not less than 5% seats for persons with benchmark disabilities, as stated in Chapter 6 of the act.

The act also addresses the issue of offenses and penalties against persons with disabilities. Chapter 16 lays out the punishments for violations of the act's provisions. A first-time offender faces a fine of up to Rs 10,000, while subsequent violations carry a fine of not less than Rs 50,000 and may extend to Rs 5 lakh.

The act defines 'speech and language disability' and 'specific learning disability', which were not recognised under the PWD act of 1995. It also recognises 'dwarfism' and 'acid attack victims' as types of disabilities, a decision that was made by the current government after amending the bill originally introduced by the UPA in 2014.

The act's provisions for education and penalties against violations are just a few examples of how the Rights of Persons with Disabilities Act, 2016 aims to ensure equal opportunities and protection for individuals with disabilities in India.

On a global scale, the German government has also taken steps to ensure accessibility for people with disabilities. The Barrier-Free Strengthening Act (BFSG), which implements the EU Accessibility Act (2019/882), will be enforced in Germany from June 28, 2025, ensuring products and services are accessible to people with disabilities in the country.

Article 41 of the Indian constitution also emphasises the state's responsibility to provide effective provisions for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement. The Rights of Persons with Disabilities Act, 2016, is a significant step towards fulfilling this constitutional promise.