The RPWD Act's Judicial Implementation: A Critical Analysis Of The Paradigm Shift From Charity To Rights (2016)
- IJLLR Journal
- 1 day ago
- 1 min read
Preti Chaudhari, Research Scholar (Law), DDU Gorakhpur University, Gorakhpur (U.P.)
Pratibha Chaudhary, Research Scholar (Law), Dr. Bhimrao Ambedkar University, Agra
ABSTRACT
The Rights of Persons with Disabilities Act, 2016 (RPWD Act) in India is examined in this essay along with its judicial interpretation and application. In accordance with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), it looks at how Indian courts have shifted from a welfare-based approach (under the 1995 Act) to a rights-based strategy. By extending recognised diseases from seven to twenty-one categories, including mental illness, autism, and chronic neurological disorders, it fosters inclusion, dignity, and autonomy for people with disabilities. According to the 2011 census, the Act protects over 2.68 crore people with disabilities (PwD) from discrimination and allows them to fully participate in society while guaranteeing equal opportunities in education, employment (with a 4-6% reservation in government jobs), and accessibility. On April 19, 2017, the chief commissioner started implementation. The chief commissioner (national) and state commissioners for monitoring started implementation on April 19, 2017, but there are still issues at the district level, such as inadequate enforcement, delayed certification, low awareness, and infrastructural deficiencies. Only 30 to 40 percent of job and educational quotas are met, according to recent data. However, the act's harsh penalties— fines of up to five lakh or imprisonment—indicate its serious aim. The RWPD Act of 2016 envisions an equal India, but for it to succeed, citizens, NGOs, and the government must work together.
Keywords- Disabilities, Reservation, Welfare, Dignity, Implementation.
