Goals of the Disability Act

Rights of People with Disabilities Act of 2016

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995 was repealed and replaced by the new law. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory, is satisfied by this action....

Goals of the Disability Act:

Putting into practice values like respect for one’s intrinsic dignity, individual autonomy, including the right to make one’s own decisions, and independence. The Act places a strong emphasis on non-discrimination, complete and adequate participation and inclusion in society, respect for differences and acceptance of disabilities as a natural part of human diversity and humanity, equality of opportunity, accessibility, equality between men and women, respect for the developing abilities of children with disabilities, and respect for the right of children with disabilities to preserve their identities....

Divyangjan Legislative Provision

Department of Empowerment of Persons with Disabilities: Recognizing the unique requirements of PwDs, the government separated the Ministry of Social Justice and Empowerment to create the Department of Empowerment of Persons with Disabilities (DEPwD). This is consistent with the overarching vision of Vasudhaiv Kutumbakam, which the Indian government has pursued since the country’s independence.‘Divyang’: The term “Divyang” describes PwDs to change how society views PwDs and to encourage them to engage in society without feeling inferior. The phrase is especially relevant because it emphasizes the ‘Divyangjans’ other enhanced senses rather than their infirmity....

UN Declaration on Human Rights

People with Disabilities (UNCRPD): In 2008, the convention went into effect. It is a global agreement that protects the rights of disabled people. As a signatory to the convention, India passed the Rights of Persons with Disabilities Act in 2016 to align domestic legislation with the treaty.  The Rights of People with Disabilities Act of 2016 establishes a national inclusive system by defending and implementing the rights of people with disabilities....

Main Points of the Act are Enumerated Below:

Rights and obligations: The Act ensures Divyangjan’s reproductive rights, equality and non-discrimination, the right to community life, protection from cruelty, inhuman treatment, abuse, violence, and exploitation, voting booth accessibility, and access to justice. Education and skill development: The Act imposes requirements on educational institutions as well as outlines specific steps that can be taken to support and enable inclusive education across the country. It also guarantees equality of opportunity and non-discrimination to end discrimination against Divyangjan. Reservation: The Act calls for PwDs to be given preference in employment and higher education. Additionally, it raises the percentage of PwDs reserved for those with benchmark disabilities (defined as a 40% or more significant handicap) from 3% to 5%. In the same way, bookings in the percentage of higher education institutions that are government-owned or -aided have climbed from 3% to 4%. Social Security: In addition to creating unique job opportunities for people with disabilities, the Act promotes the private sector to hire Divyangjan. Along with encouraging participation in sports, leisure, and cultural activities, it also includes provisions for Divyangjan-specific healthcare and insurance plans....

Fundamental Rights Guaranteed to the Disabled in the Constitution:

The following Fundamental Rights are Guaranteed to the Disabled under the Constitution:...

Punishments for Crimes Against People with Impairments

This Act specifies penalties for offenses against people with disabilities and violations of the new law’s rules. Anyone who breaches the Act’s provisions or any rules or regulations enacted under it may be sentenced to up to six months in prison and/or a fine of Rs 10,000, or both.  Any additional offenses are punishable by up to two years in prison and/or fines ranging from Rs 50,000 to Rs 5 lakh. Sexually abusing a woman or kid with a disability is punishable by a fine and up to five years in prison. Insulting or intimidating a disabled person on purpose is also illegal. Each district will have a special court to handle cases violating PwDs’ rights....

Acts Regarding the Legal Rights of the Disabled in India

The 1995 Persons with Disabilities Act (Equal Opportunities, Protection of Rights, and Full Participation)...