The RPwD Act in Plain Language: Ten Rights Every Family Should Know

The Rights of Persons with Disabilities Act came into force in 2016. It replaced a 1995 law that treated disability mostly as a welfare question. The new Act treats it as a question of rights. That shift matters, because a right can be claimed, and a denial can be challenged.

In our sessions with parents and teachers in Jaipur, the same thing comes up again and again. People know the Act exists. Very few know what it actually says. This piece is a short, practical summary. It is not legal advice, but it should help you ask the right questions.

Who the Act covers

The 1995 law recognised seven disabilities. The 2016 Act recognises 21. The list now includes autism spectrum disorder, specific learning disabilities such as dyslexia, cerebral palsy, muscular dystrophy, thalassaemia, haemophilia, sickle cell disease, multiple sclerosis, Parkinson's disease, acid attack survivors and several others.

Two terms matter. A person with disability is anyone with a long-term impairment that, together with barriers in society, stops them from participating fully and equally. A person with benchmark disability has at least 40 per cent of a specified disability, as certified by a medical authority. Some rights apply to everyone with a disability. Others, such as reservations, apply only to people with benchmark disability. Knowing which category you fall into is the first step.

Ten rights worth knowing

1. Equality and non-discrimination

Section 3 says no person can be discriminated against on the ground of disability. The government must also provide "reasonable accommodation", meaning the adjustments a person needs to take part on equal terms. A ramp, extra time in an exam or a sign language interpreter can all be reasonable accommodation.

2. Protection from abuse and neglect

Section 7 requires the government to protect persons with disabilities from abuse, violence and exploitation. Anyone who knows of such a case can report it to the Executive Magistrate or the police.

3. Inclusive education

Under Section 16, schools funded or recognised by the government must admit children with disabilities without discrimination. They must make buildings accessible, provide reasonable accommodation and support, and monitor each child's participation and progress.

4. Free education from 6 to 18

Section 31 gives every child with benchmark disability the right to free education between the ages of 6 and 18. The child can study in a neighbourhood school or a special school, by choice. This is four years longer than the general guarantee under the Right to Education Act.

5. Seats in higher education

Section 32 reserves at least 5 per cent of seats in government and government-aided higher education institutions for students with benchmark disabilities. These students also get a five-year relaxation in the upper age limit for admission.

6. Jobs in government

Section 34 reserves at least 4 per cent of vacancies in government establishments for persons with benchmark disabilities. The reservation is spread across different groups of disabilities, so that one group does not take all the posts.

7. Higher social security support

Section 24 says that government schemes for persons with disabilities must provide assistance at least 25 per cent higher than similar schemes for others. This applies to pensions, housing and other support.

8. Accessible buildings, transport and information

Section 40 requires the government to set accessibility standards for buildings, transport, and information and communication technology. In November 2024, the Supreme Court held in Rajive Raturi v. Union of India that these standards must be mandatory, not advisory, and directed the Union to frame binding rules.

9. A disability certificate valid across India

Under Section 58, a certifying authority, usually a medical board at a government hospital, issues the disability certificate. The certificate is valid in every state. Today it is issued as part of the Unique Disability ID (UDID) system.

10. A place to complain

Every state must appoint a State Commissioner for persons with disabilities under Section 79. The Commissioner can look into complaints of rights being denied, and has some of the powers of a civil court. Authorities must report on action taken within three months of the Commissioner's recommendation.

What happens when a right is denied

The Act has teeth, though they are rarely used. Section 89 sets fines for breaking the law: up to Rs 10,000 for a first offence and between Rs 50,000 and Rs 5 lakh for later offences. Section 92 makes it a crime, punishable with six months to five years in prison, to insult, assault or deny food or fluids to a person with disability, among other acts. Section 84 provides for special courts in every district to hear these cases.

In practice, the route most families take is simpler. Put the request in writing. Keep a copy. If there is no reply, or the reply is a refusal, write to the State Commissioner. Free legal aid is also available from the District Legal Services Authority.

Why awareness is the first gap

A law can only be used by people who know it exists. In Rajasthan, the Comptroller and Auditor General carried out a performance audit of how the state implemented the Act between 2016 and 2021 (Report No. 1 of 2023). Audits like this show where systems fall short. They cannot, on their own, help a mother who has been told her child cannot be admitted to the local school.

That is why we start with teachers and caregivers. At Umang in Jaipur, Sutra runs sessions on the RPwD Act for exactly these groups. The aim is simple: every parent should know at least these ten rights, and every teacher should know what the school owes the child in front of them.

If you are a parent, a teacher or a school leader and would like a session for your group, write to us at info@sutraindia.org.

Key terms

What are the 21 disabilities under the RPwD Act?

The 1995 law recognised seven conditions. The Rights of Persons with Disabilities Act, 2016 recognises 21, including autism spectrum disorder and specific learning disabilities such as dyslexia.

What is benchmark disability?

A person with benchmark disability has at least 40 per cent of a specified disability, as certified by a medical authority. Some rights apply to everyone the Act covers; others, such as reservations, apply only to people with benchmark disability.

Who gets free education under the Act?

Section 31 gives every child with benchmark disability the right to free education between the ages of 6 and 18.