Difference between Person with Disability Act 1995 and 2016 B.Ed Notes

The Rights of Persons with Disabilities Act or the RPWD Act, 2016 was introduced in December, 2016. The Act was enacted by the Parliament in the year 2016. It was the replacement of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 to comply with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

Person with Disability Act, 1995

The Person with Disabilities Act, was passed by the government on 1995. The law stated that persons with disabilities have equal rights and social justice for them to live a dignified life.They should be provided with equal opportunities and have full participation in the society. It also stated that persons with disability should be allowed to access all public places including buildings, schools, etc. The Act provides for the free education of disabled children from 6 to 18 years of age.However, the Act only identified seven disabilities, that are: 

(i). Blindness

(ii). Low vision

(iii). Hearing impairment

(iv). Loco motor disability

(v). Leprosy-cured

(vi). Mental retardation

(vii). Mental illness

Person with Disability Act, 2016

The main aim of RPWD Act 2016 is to promote and defend the rights and dignity of individuals with disabilities in all areas of life, including education, social, legal, economic, cultural, and political factors. The government must look after that persons with disabilities have the same right to equality, dignity, and respect for their integrity as other people.

The Act increased the number of disabilities from seven to twenty-one. The 21 disabilities under the RPWD Act 2016 are the following: 

i. Blindness

ii. Visual Impairment

iii. Leprosy Persons who got cured

iv. Impairment of hearing

v. Disability of the musculoskeletal system

vi. Dwarfism

vii. Intellectual Disabilities

viii. mental Illness

ix. ASD (autism spectrum disease)

x. Cerebral Palsy

xi. Muscular Dystrophy

xii. Chronic neurological conditions

xiii. Specific learning disabilities

xiv. Multiple Sclerosis

xv. Disability in speech and language

xvi. Thalassemia

xvii. Haemophilia

xviii. Sickle Cell Disease

xix. Multiple disabilities

xx. Victims of acid attacks

xxi. Parkinson’s disease 

Basic Principles

The act empowers persons with impairments based on eight basic principles:

• Individual autonomy, including the right to make one’s judgments, and human independence are all essential principles to uphold.

• Non-discrimination

• Full and effective engagement and integration into society

• Acceptance of persons with disabilities as part of humanity’s diversity and respect for differences

• Accessibility

• Equal treatment to both men and women.

• Respect for the potential of the children with disabilities as they grow, as well as their right to preserve their identities.

Rights of persons with disabilities as stated by the RPWD Act 2016

The rights of persons with disability under the RPWD Act 2016 are as listed below:

1). Section 5: To live in a Community like other people.

2). Section 6: To get protection from cruelty and inhuman treatment.

3). Section 7: To get protection from any kind of abuse, violence and exploitation. If it persists, the person with a disability can complain to any executive or judicial magistrate and get free legal aid.

4). Section 8: To get equal protection and safety like any other country citizen in any risk situations, armed conflicts, humanitarian emergencies, or natural disasters.

5). Section 9: No child shall get separated from his or her parents just on the grounds of disability.

6). Section 10: No person with a disability shall be subject to any kind of medical procedure that can lead to infertility without free and informed consent.

7). Section 11: Persons with a disability shall have access to all the polling stations, which should be disabled-friendly.

8). Section 12: The court should be disabled-friendly not only physically but also attitudinal.

9). Section 13: Legal capacity should be equivalent to any other citizen owning or inheriting any property, whether movable or immovable. They have the right to control their financial affairs and access bank loans, mortgages or any other form of financial credit.

10). Section 14: The Provisions of guardianship – Limited and Joint.