AN ANALYSIS OF THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016


Dr. Charu Chandra Vyas, Avinash Kumar Shukla
1. Associate Professor, School of Legal Study, LNCT University Bhopal, M.P, 2. Research Scholar, LNCT University Bhopal, M.P
Abstract
The Rights of Persons with Disabilities (RPwD) Act, 2016 marks a significant shift in India from a welfare-based to a rights-based approach for individuals with disabilities, aligning with the UNCRPD and expanding the definition of disability from 7 to 21 categories to enhance inclusivity. The main objective of the 2016 Act is to enable empowerment of persons with disabilities (PWD) through respect for inherent dignity and individual autonomy of PWDs. It guarantees rights to equality, non-discrimination, education, employment (with 4% reservation in government jobs and higher education), and accessibility, while also establishing institutional mechanisms like the Chief Commissioner, advisory boards, and special courts to ensure enforcement. Despite its progressive vision, the Act faces challenges such as low awareness, delayed state-level implementation, resource constraints, and inadequate infrastructure. However, landmark judicial decisions have reinforced key principles like reasonable accommodation and accessibility. Realizing the full potential of the Act requires strong collaboration among government, civil society, and the public to address gaps and build an inclusive society.
Keywords: RPwD, Rights, UNCRPD, Reservation
Journal Name :
EPRA International Journal of Multidisciplinary Research (IJMR)

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Published on : 2025-07-11

Vol : 11
Issue : 7
Month : July
Year : 2025
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