Rights of Person with Disabilities as per RPWD

1. Equality And Non-Discrimination (Section 3):

Persons with disabilities are entitled to equality before the law and the same legal protection as others. The Act prohibits discrimination in areas like employment, education, public access, and essential services. It also ensures that no person with a disability is denied any right or benefit available to others.

2. Women And Children With Disabilities (Section 4):

It ensures that the Government and local authorities take necessary steps to uphold equal rights for women and children with disabilities, in line with those available to others.

3. Community Life (Section 5):

Persons with disabilities have the right to live independently within the community. The Government must ensure that they are not forced into any specific living arrangement and are provided access to various support services such as in-house, residential, and community-based assistance—tailored to their age and gender.

4. Protection From Cruelty And Inhuman Treatment (Section 6):

It safeguards persons with disabilities from cruelty, abuse, torture, or any degrading or inhuman treatment.

5. Protection From Abuse, Violence And Exploitation (Section 7):

The Act requires the Government to take active measures to protect persons with disabilities from all forms of abuse, violence, and exploitation. Key provisions include:

• Authorities must take legal action against such incidents and create reporting procedures.
• They must ensure rescue, protection, and rehabilitation of victims.
• Awareness and public information campaigns are to be promoted.

Anyone (including individuals or registered organizations) who suspects or witnesses abuse can report it to the local Executive Magistrate, who must take immediate steps for protection, such as:

• Rescuing and placing the person in safe custody or rehabilitation
• Arranging for protective custody or maintenance, if needed

Police officers who become aware of such cases must inform the person about:

• Their right to legal protection and free legal aid
• Contact details of the Executive Magistrate and rehabilitation organizations
• Their right to file a legal complaint

If the act is found to be a criminal offence, the Executive Magistrate can forward the case to the appropriate Judicial or Metropolitan Magistrate.

6. Protection And Safety (Section 8):

Persons with disabilities must be equally protected and kept safe during situations like natural disasters, armed conflicts, humanitarian crises, and other emergency conditions.

7. Home And Family (Section 9):

No child should be separated from their parents solely due to a disability. If the parents are unable to care for the child, the competent court may place the child in the care of close relatives, or in exceptional cases, in a shelter home managed by the government or a non-governmental organization.

8. Reproductive Rights (Section 10):

No person with a disability can be subjected to any medical procedure that results in infertility without their informed consent.

9. Accessibility In Voting (Section 11):

The Election Commission of India and State Election Commissions must ensure that all polling stations are accessible to persons with disabilities and that all election-related materials are easy for them to access and understand.

10. Access To Justice (Section 12):

The Act mandates that persons with disabilities must be able to access courts, tribunals, commissions, and other legal or investigative bodies without discrimination.

To support this, the Government is required to:

• Provide appropriate assistance, especially for persons who live without family support or those needing high levels of care, to help them exercise their legal rights.
• Ensure the National and State Legal Services Authorities make reasonable accommodations so that persons with disabilities can equally access legal schemes and services.

Additionally, steps must be taken to:

• Make all public documents available in accessible formats.
• Equip filing offices and registries with tools to store and retrieve documents in accessible formats.
• Provide necessary facilities to record testimonies and legal statements in the person’s preferred language or mode of communication.

11. Legal Capacity (Section 13):

Persons with disabilities have the equal right to own or inherit property, manage financial affairs, and access loans, mortgages, or other forms of credit. The law also ensures their full legal capacity, recognizing them equally before the law in all aspects of life.

Supporters involved in financial or property matters must:

• Avoid conflicts of interest, especially during specific transactions.
• Not misuse their influence, and must respect the individual’s autonomy, dignity, and privacy.
• Persons with disabilities may change or discontinue support arrangements, but this will not affect past transactions made with that support.

12. Provision For Guardianship (Section 14):

Persons with disabilities who are unable to make legally binding decisions, even with support, may be provided a limited guardian—a joint decision-making arrangement based on trust and the person’s will. All guardians henceforth are deemed to act as limited guardians, with the right to appeal decisions if needed.

13. Designation Of Authorities To Support (Section 15):

The Government must appoint authorities to raise public awareness and encourage community support for persons with disabilities in exercising their legal rights. These authorities are also responsible for establishing appropriate support systems, especially for those living in institutions or requiring high levels of assistance.