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RIGHTS OF PERSONS WITH DISABILITIES (AMENDMENT) RULES 2024

Last Updated on 2nd November, 2024
4 minutes, 56 seconds

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Picture Courtesy: https://www.freepressjournal.in/education/disability-quota-expanded-4-reservation-for-aspirants-in-indian-institutions

Context:

The Union Government has notified the Rights of Persons with Disabilities (Amendment) Rules, 2024 (RPwD Rules). 

Details

The Union Ministry of Social Justice and Empowerment has notified the Rights of Persons with Disabilities (Amendment) Rules, 2024 (RPwD Rules) under the Rights of Persons with Disabilities Act, 2016.

The main objective is to introduce changes in the process related to applying for and obtaining disability certificates and Unique Disability Identity (UDID) Cards.

Key Amendments in RPwD Rules

Changes to Application Process (Rule 17)

The amended rules mandate that all applications must be submitted through the UDID portal. Earlier digital submissions were not required. It provided a statutory backing to the issuance of UDID cards. 

Now, applicants must apply to a “medical authority or any other notified competent medical authority in their district.” The application should only be submitted to recognized medical authorities. 

Applicants are now required to submit a proof of identity, a recent photograph (not older than six months), and their Aadhaar number. 

Issuance of Disability Certificates and UDID Cards (Rule 18)

The amended rules specified that UDID cards will be color coded based on the severity of disability:

  • White Card for disabilities below 40%.
  • Yellow Card for disabilities between 40% and 80%.
  • Blue Card for disabilities of 80% and above.

The time frame for issuing certificates and UDID cards has been extended from one month to three months. 

An application can now be considered void if no decision is taken by the relevant medical authority within two years. 

About Rights of Persons with Disabilities Act 2016

It replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Ac 1995.

It included the rights of persons with disabilities covered under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).  India is a signatory of this Convention.

It defined benchmark disabilities as those certificates having a minimum of 40% of the specified disabilities. 

It increased the number of disabilities from 7 to 21, and included Leprosy Cured Person, Cerebral Palsy, Acid Attack Victims, Blindness, Deaf, Specific Learning Disabilities, Autism Spectrum Disorder, Parkinson’s Disease, Haemophilia, etc.

It provided every child with a benchmark disability between the age group of 6 and 18 years shall have the right to free education.

Provision for 5% reservation of seats in government and government added higher educational institutions for persons with benchmark disabilities, and 4% reservation in government jobs for certain persons or class of persons with benchmark disability. 

It designated special courts in each district to handle cases concerning violation of the rights of persons with disabilities. 

Must Read Articles: 

RIGHTS OF PERSONS WITH DISABILITIES ACT 2016

India's Disability Law

Source: 

Indian Express

Wikipedia

PRACTICE QUESTION

Q.Consider the following statements in the context of the provisions of the Rights of Persons with Disabilities Act 2016:

1. It defined the benchmark disability as a minimum of 60% of the specified disabilities. 

2. It provided 4% reservation in government jobs to persons with benchmark disability.

3. It included acid attack victims in the category of disability.

How many of the above statements are correct?

A) Only one

B) Only two

C) All three

D) None

Answer: B

Explanation:

Statement 1 is incorrect:

The act defines benchmark disabilities as those certificates having at least 40% of the specified disabilities.

Statement 2 is correct:

The Act provides a 4% reservation in government jobs for persons with benchmark disabilities.

Statement 3 is correct:

The act increased the number of disabilities from 7 to 21, which also included acid attack victims in the category of disability. 

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