New rules of Rights of Persons with Disabilities (RPwD) 2024 notified

27-10-2024

On October 22, 2024, the Union Ministry of Social Justice and Empowerment notified the amended Rights of Persons with Disabilities (RPwD) Rules, 2024 under Rights of Persons with Disabilities Act, 2016 that make it harder to get a disability certificate.
National Platform for the Rights of the Disabled (NPRD), a cross-disability rights organization, called for a rollback.
1. They argue that the new rules make it harder and more complicated to obtain disability certificates.

Concerns from NPRD:

The NPRD said the new rules are "regressive" and will create more problems for people with disabilities who need certificates for identification and access to services.
NPRD has expressed strong opposition, stating that the new rules make it more difficult for genuine individuals with disabilities to obtain necessary certificates for identification and accessing services.
They believe that the updated rules will not resolve the systemic issues exposed by the Khedkar case, which highlighted problems like a lack of accountability and transparency.

A draft of the rules was issued in July by the Department of Empowerment of Persons with Disabilities (DePwD), part of the Ministry of Social Justice and allowed a month for public feedback.
The final rules were published in an Extraordinary Gazette on October 22.
These new rules were influenced by the controversy surrounding Puja Khedkar, an IAS trainee who was dismissed for allegedly faking her disability certificate.

A person is considered to have a disability if they have a physical, mental, intellectual, or sensory impairment.

Enactment and Enforcement: Enacted in 2016; effective from April 19, 2017.
Replacement of Previous Legislation: Replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Objective: Ensure dignity, non-discrimination, and equal opportunities for all persons with disabilities.
Expanded Recognition: Recognizes 21 types of disabilities, including blindness, low vision, dwarfism, thalassemia, and acid attack victims.
Benchmark Disability Definition: Defined as having at least 40% disability; includes those certified by relevant authorities for measurable disabilities.
Alignment with International Standards: Incorporates rights under the UN Convention on the Rights of Persons with Disabilities (UNCRPD), promoting and protecting the rights and dignity of persons with disabilities.

Required Documents: Individuals must now provide proof of identity, a recent photo (not older than six months), and an Aadhaar card when applying for a disability certificate.
Only Medical Authorities: Only approved medical authorities can handle applications for disability certificates.
- NPRD suggested that experts from non-profits should also be allowed to conduct assessments.
Introduction of color-coded Unique Disability Identity (UDID) cards:
- White: Disability below 40%.
- Yellow: Disability between 40% and 80%.
- Blue: Disability of 80% or above.
Longer Processing Time: The time to process each application has increased from one month to three months.
Application Expiry: If a medical authority does not decide on an application within two years, the application will expire, and the person will need to reapply or request reactivation.

Online Applications Required: The new regulations mandate that applications for disability certificates be submitted online.
- NPRD noted that many individuals lack access to the internet or smartphones, creating a barrier.
Use of Technical Language: During the online application process, applicants must specify their disabilities using technical terms, which many may not understand.
Extended Time Limit: The time limit for issuing certificates has been increased from one month to three months, which NPRD views as unnecessary.
Reapplication After Two Years: If no action is taken on an application for two years, the individual must reapply, which NPRD argues unfairly punishes those affected by the system's delays.

The government stated that its goal is to streamline the process of obtaining disability certificates.
Officials acknowledged that there might be misconceptions but insisted they are trying to simplify the system based on data showing that it typically takes three months to issue certificates.
When questioned about whether the new rules were tightened due to the Khedkar controversy, officials mentioned that discussions were already in progress before the case became public.

Accessible India Campaign (Sugamya Bharat Abhiyan): Launched in 2015 to make public spaces, transportation, and ICT accessible.
Divyang Sarathi App: A mobile app providing information on policies and schemes for persons with disabilities to improve awareness and access to government resources.
Deendayal Disabled Rehabilitation Scheme (DDRS): Central Sector Scheme offering financial assistance to organizations for the education and rehabilitation of persons with disabilities.
PM Daksh Portal: A digital platform by DEPwD to empower persons with disabilities with skill training and job opportunities, featuring UDID registration and location-based training options.
Samarth and Gharaunda Schemes:
1. Samarth: Provides respite care for families of persons with disabilities.
2. Gharaunda: Offers group homes for lifelong care and support.
3. Samarth-cum-Gharaunda: Residential care for orphans and those from low-income households.

Sustainable Development Goals (SDGs): The 2030 Agenda includes targets for persons with disabilities, particularly in education, employment, reducing inequalities, and promoting inclusive communities.
Biwako Millennium Framework: A regional action framework for an inclusive, barrier-free society for persons with disabilities in Asia and the Pacific.
Rehabilitation 2030 (WHO): Initiative to promote disability-inclusive healthcare and strengthen global rehabilitation services.
International Labour Organization (ILO) Standards: Promotes inclusive employment through Convention No. 159 and other initiatives.
Global Accessibility Awareness Day (GAAD): Celebrated annually to raise awareness about digital accessibility and inclusive technology.
Marrakesh Treaty (WIPO): Aims to improve access to published works for individuals with visual impairments, addressing the "book famine."
Global Action on Disability (GLAD) Network: Connects donors and organizations to support disability-inclusive development and humanitarian efforts globally.