Does the Rights of Persons with Disabilities Act, 2016 ensure effective mechanism for empowerment and inclusion of the intended beneficiaries in the society? Discuss.
The Rights of Persons with Disabilities Act, 2016 brought the Indian legal regime on par with the requirements of UN convention on Rights of Persons with Disabilities, to which India became a signatory in 2007. It replaced the 1995 Persons with Disabilities Act and accorded recognition to 19 Disabilities. It has also allowed the Central government to notify any disability.
The Act confers several rights and entitlements to disabled people. It aims to provide disabled friendly access to public buildings, hospitals, transportation services and polling stations. It seeks to provide inclusion and enable accessibility for increased range of services.
In the case of mentally ill, the district courts are to grant two types of guardianship, namely limited guardianship for joint decision making and plenary guardianship for deciding without consultation. Persons with 40% disabilities are eligible for reservation in education, jobs and preferential treatment in government schemes. Such measures aim to empower the disabled and not leave them lagging behind as India progresses forward. The Act provides for a punitive fine of Rs-10,000/- and /or a imprisonment of 6 month for violations of the act.
Thus, the Act has widened the ambit of disabled persons and increased inclusive measures. It also aims to facilitate the living of a full life and achievement of their full potential by empowering the disabled persons.