According to the 2011 Census, 2.68 crore Indians or 2.21 percent of the country's total population have disabilities. Of them, 1.50 crore are men and 1.18 crore are women. Individuals with disabilities are a minority in our nation, living in a politically, socially, and economically marginalized environment. They are frequently viewed negatively due to specific preconceptions, false beliefs, and baseless anxieties. People with disabilities are guaranteed equal rights and access to opportunities under the 2016 Rights of Persons with Disabilities Act and its predecessor, the 1995 Persons with Disabilities Act.

Introduction
The Indian government implemented the Rights of Persons with Disabilities (RPwD) Act, 2016 with the objective of guaranteeing the inclusion and empowerment of individuals with disabilities. It focuses non-discrimination, accessibility, and equality in a variety of spheres of life, such as education, work, and social security. It broadens the definition of disability, acknowledging 21 conditions as opposed to the previous 7.

In addition to fostering a more inclusive society that upholds and promotes the rights, well-being, and dignity of people with disabilities ensuring their full participation in all facets of life the government seeks to comply with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

Features of the Rights of Person with Disabilities Act, 2016

The Rights of Persons with Disabilities (RPwD) Act, 2016, includes several key features aimed at fostering an inclusive and equitable society for individuals with disabilities.

Here are the main provisions:

1. Equality and Non-Discrimination: The Act prohibits discrimination against persons with disabilities in various domains such as employment, education, and public services, ensuring equal opportunities and legal protection.
2. Women and Children with Disabilities: Special measures are mandated to ensure the protection and empowerment of women and children with disabilities, addressing their specific needs and vulnerabilities.
3. Community Life: The Act promotes the right of persons with disabilities to live in the community, with choices equal to others, ensuring access to support services and facilities.
4. Accessibility in Voting: Provisions are made to ensure accessible polling stations and materials to enable persons with disabilities to exercise their right to vote independently and privately including facilities like wheel chairs, ramp stairs etc.
5. Legal Capacity: The Act recognizes the legal capacity of persons with disabilities on an equal basis with others and provides for their support in exercising legal rights and making decisions.
6. Duty of Educational Institutions: Educational institutions are required to provide inclusive education, reasonable accommodations, and support to ensure full participation of students with disabilities.
7. Reservation: The Act mandates a reservation of not less than 4% of government jobs and 5% in higher education institutions for persons with benchmark disabilities.
8. Incentives to Employers in Private Sector: Employers in the private sector are encouraged to hire persons with disabilities through various incentives, promoting inclusive employment practices.
9. Sporting Activities: The Act promotes the inclusion of persons with disabilities in sports, ensuring access to sports facilities and opportunities for participation in recreational and competitive sports.
10. Research and Development: Provisions are made to encourage research and development aimed at improving accessibility, assistive technologies, and overall quality of life for persons with disabilities.
11. Culture and Recreation: The Act ensures that persons with disabilities have access to cultural materials, events, and recreational activities, promoting their participation and inclusion in cultural life.

History Of Rights of Disables in India

The history of the Rights of Persons with Disabilities (RPwD) Act in India reflects an evolving commitment to disability rights, beginning with the Constitution's principles of equality and non-discrimination, though it lacked explicit recognition of persons with disabilities (PwDs). The disability rights movement's roots trace back to The Proclamation on the Full Participation and Equality of People with Disabilities, which influenced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This Act resulted from decades of advocacy by Senior Advocate SK Rungta and the National Federation of the Blind (NFB), shifting from a charity-based approach to a rights-based approach.

The 1995 Act initially focused on the medical model of disability, but post-United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), there was a shift towards a social and human rights model, culminating in the RPwD Act, 2016. The global influence of the Incheon Strategy also contributed to this evolution.

Advocate SK Rungta personal experiences underscore the movement's challenges, highlighting early efforts from the 1980s, including demonstrations, drafting legislation, and engaging with government committees. Despite bureaucratic resistance, significant progress was made, such as the 1980s recognition by the Indian government of the need for disability legislation. The first legislation in 1995 and subsequent developments were pivotal, although implementation challenges persist, including executive resistance and non-fulfilment of reservations in employment and education.

Rungta's efforts led to landmark changes, such as the reservation for PwDs in government jobs and provisions for visually impaired individuals in civil services examinations. However, ongoing legal battles indicate the continuing struggle for effective implementation of disability rights across India.

Role Of Judiciary in Empowering the Person's with Disabilities

1. In the Vikash Kumar vs. Union Public Service Commission case, the Supreme Court of India ruled that persons with disabilities are entitled to reasonable accommodations in competitive exams, reinforcing their right to equality and non-discrimination under the RPwD Act, 2016. Criticizing the Surendra Mohan decision, the bench of Justices D Y Chandrachud, Indira Banerjee, and Sanjiv Khanna said that the same was rendered without taking note of relevant concepts under the 2016 Act and also the "principle of reasonable accommodation".
    
2. In State of Kerala v. Leesamma Joseph, the Supreme Court, led by Justices Sanjay Kishan Kaul and R. Subhash Reddy, upheld the Kerala High Court's ruling, affirming that persons with disabilities (PwDs) have the right to reservation in promotions. The court emphasized that promotion rights are independent of the mode of entry into service and directed the Kerala government to implement reservation in promotions for PwDs within three months.
    
3. In December 2020, the Supreme Court's e-committee, led by Justice DY Chandrachud, urged High Courts to enhance digital accessibility for persons with disabilities. An action plan was formulated with six key parameters: judgments, cause-lists, case status, contrast/colour theme, text size, and screen reader access. Additionally, a judgment search portal is being developed with the National Informatics Centre (NIC) for accessibility.

Conclusion
The Rights of Persons with Disabilities (RPwD) Act, 2016, marks a significant milestone in India's commitment to creating a more inclusive society. Rooted in the principles of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the Act expands the definition of disability and provides comprehensive measures to ensure non-discrimination, accessibility, and equal opportunities for individuals with disabilities.

The judicial system has played a crucial role in enforcing these rights. Landmark rulings, such as the Supreme Court's decision in Vikash Kumar vs. Union Public Service Commission, affirm the entitlement of persons with disabilities to reasonable accommodations in competitive exams. The State of Kerala v. Leesamma Joseph case further emphasizes the right to reservation in promotions, reinforcing that these rights are independent of the mode of entry into service. Additionally, the Supreme Court's e-committee, led by Justice DY Chandrachud, has been instrumental in pushing for enhanced digital accessibility across judicial platforms, ensuring that persons with disabilities can access legal resources and services effectively.

Advocate SK Rungta's tireless advocacy has been pivotal in shaping disability rights legislation in India. His efforts have led to significant legal advancements, such as the reservation for persons with disabilities in government jobs and the inclusion of provisions for visually impaired individuals in civil services examinations. Despite these advancements, Rungta's ongoing legal battles highlight the persistent challenges in fully implementing disability rights across the country.

The RPwD Act, 2016, supported by judicial activism and dedicated advocacy, represents a progressive step towards justice and equality for all individuals with disabilities in India. However, continuous efforts are necessary to ensure these provisions are effectively implemented, fostering a society that genuinely upholds the dignity and rights of persons with disabilities.

End Notes:

1. The Rights of Person with Disabilities Act, 2016
2. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
3. The Mental Healthcare Act, 2017
4. Vikash Kumar vs Union Public Service Commission (AIR 2021 Supreme Court 2447)
5. The State of Kerala vs Leesamma Joseph (AIR 2021 Supreme Court 3076)