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Posted 24 Apr 2024

2 min read

  • Issues highlighted in implementation of RPwD Act across states:
    • Non-appointment of State Commissioner for PwDs under Section 79.
      • State Commissioner acts as regulatory body and monitors fund disbursal and implementation of the act. 
    • Non-creation of State Fund for PwDs under Section 88 to provide financial support for PwDs.
    • Non-constitution of Special Courts & non-appointment of Special Public Prosecutors for speedy trials.
    • Not having assessment boards for disability certificates and providing high support for persons with benchmark disabilities.
    • Non-constitution of an Authority for providing limited guardianship (system of joint decision operating on mutual understanding and trust between guardian and PwD).

 

  • About RPwD Act 2016 
    • Act was enacted to give effect to the United Nations Convention on the Rights of Persons with Disabilities.
    • Administered by Ministry of Social Justice & Empowerment (MoSJ&E).
    • Salient Features:
      • Act covers 21 disabilities includingphysical and intellectual disabilities, mental illness, blood disorders, neurological conditions etc.
      • Right to free education for child (6 to 18 years) with benchmark disability.
      • 5% reservation in Government and Government aided higher educational institutions and 4% reservation in Government jobs.
      • Penalties for offences committed against PwDs.

 

Way Forward

  • All states should fulfil their obligations under RPwD act at the earliest including appointing state commissioners, creation of state funds etc.
  • State governments should frame appropriate rules for functioning of authorities under RPwD act. 
  • MoSJ&E should establish robust monitoring and evaluation mechanisms ensuring better compliance and implementation of the Act.
  • Tags :
  • Social Justice
  • Fundamental Rights
  • Persons with Disabilities
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