Rights of Persons with Disabilities Act 2016
India's Rights of Persons with Disabilities Act 2016 replaced the 1995 Persons with Disabilities Act and brought Indian law closer to the CRPD framework. It recognises 21 disability categories, mandates 5% reservation in government higher education and employment, and requires accessibility in public buildings, transport, and digital infrastructure.
What the law requires
The Rights of Persons with Disabilities (RPWD) Act 2016 is a comprehensive piece of legislation that replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995. The new Act is significantly broader — it recognises 21 categories of disability (compared to 7 in the 1995 Act), is aligned with the CRPD which India ratified in 2007, and sets out rights and entitlements across multiple life domains.
The 21 disability categories include: blindness, low vision, leprosy-cured persons, hearing impairment, locomotor disability, dwarfism, intellectual disability, mental illness, autism spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, specific learning disabilities, multiple sclerosis, speech and language disability, thalassemia, hemophilia, sickle cell disease, multiple disabilities including deaf-blindness, acid attack victims, and Parkinson's disease.
Reservation provisions:
- 5% of seats in government educational institutions and government-aided institutions
- 5% reservation in government posts and services (increased from 3% under the 1995 Act)
- Persons with benchmark disabilities (40% or more disability) are prioritised for higher reservation
Accessibility requirements: The Act mandates accessibility in buildings, infrastructure, transport, website, information and communication technology (ICT), and documents. Government websites and ICT must be accessible to persons with disabilities, and new public buildings must comply with accessibility norms. A timeline of five years was set for making all public buildings accessible (from 2016), though implementation has been uneven.
Education: All educational institutions receiving government aid must take measures for inclusive education, including accessible infrastructure, curricula, and assistive technology. Special schools and inclusive schools both receive attention.
Healthcare: Free or concessional healthcare in government hospitals, facilities for persons with disabilities in hospitals, and access to medicines and diagnostic facilities.
Chief Commissioner and State Commissioners: The Act establishes a Chief Commissioner for Persons with Disabilities at the national level and State Commissioners in each state to receive and investigate complaints.
Who it protects
Persons with any of the 21 recognised disability categories. "Persons with benchmark disability" (40%+ disability) are entitled to enhanced rights and reservations.
Who must comply
Central and state government establishments, and government-aided organizations. The 5% reservation applies to government employment; private sector employment is encouraged but not mandated (the Act provides for incentives for private employers to hire persons with disabilities).
What it does NOT cover (common misunderstandings)
The private sector is not required to reserve posts for persons with disabilities — reservation applies only to government employment. Private employers are encouraged but not legally compelled.
The RPWD Act does not guarantee delivery of all rights — implementation varies significantly by state, and many accessibility mandates exist on paper but are poorly enforced.
How to enforce your rights
File a complaint with the State Commissioner for Persons with Disabilities or the Chief Commissioner. Aggrieved persons can also approach High Courts. The RPWD Act provides for a Special Court in each district for speedy trial of offences.
Recent updates
The RPWD Rules were notified in 2017, setting out the framework for implementation. Disability certificate format was revised. The COVID-19 pandemic highlighted significant gaps in access to healthcare, education, and digital services for persons with disabilities in India, prompting advocacy for stronger enforcement. Digital accessibility under the RPWD Act continues to be enforced through cases before the Chief Commissioner regarding inaccessible government websites.