India’s Rights of Persons with Disabilities Act, 2016

India’s Rights of Persons with Disabilities Act, 2016 (RPWDA) received the assent of the President of India on 27 December 2016 and was commenced on 15 June 2017. The purpose of the Act is ‘to give effect to the United Nations Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto’. Key provisions cover ‘rights and entitlements’; ‘education’; ‘skill development and employment’; ‘social security, health, rehabilitation and recreation’; ‘special provisions for persons with benchmark disabilities’ and ‘high support needs’; ‘duties and responsibilities of appropriate governments’; ‘registration of institutions for persons with disabilities and grants to such institutions’; ‘certification of specified disabilities’; ‘Central and State Advisory Boards on Disability and District Level Committee’; ‘Chief Commissioner and State Commissioner for Persons with Disabilities’; ‘Special Court’; ‘National Fund for Persons with Disabilities’; ‘State Fund for Persons with Disabilities’ and ‘offences and penalties’. Overall, the legislation presents a broad range of rights-based provisions aimed at giving effect to the CRPD and improving the rights of persons with disabilities in India. It legally underpins many economic and social rights and emphasizes respect for inherent dignity; individual autonomy; full and effective inclusion and participation in society; respect for difference; acceptance of persons with disabilities; equality of opportunity; accessibility and respect for the evolving capacities of children with disabilities. Concerns centre on the RPWDA’s interaction with India’s Mental Healthcare Act, 2017, methods of assessing and certifying disabilities, the position of families of mentally ill persons and specific concerns about neurodevelopmental disorders.