Rights of Persons with Disabilities Act, 2016

The Rights of Persons with Disabilities Act, 2016 is the disability legislation passed by the Indian Parliament to fulfill its obligation to the United Nations Convention on the Rights of Persons with Disabilities, which India ratified in 2007.[1] The Act replaced the existing Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.[2]

The Rights of Persons with Disabilities Act, 2016
Parliament of India
CitationAct No. 49 of 2016
Territorial extentIndia
Enacted byRajya Sabha
Passed14 December 2016
Enacted byLok Sabha
Passed16 December 2016
Assented to27 December 2016
Commenced15 June 2017
Legislative history
Bill introduced in the Rajya SabhaThe Rights of Persons with Disabilities Bill, 2014
Bill citationBill No. I of 2014
Bill published on7 February 2014
Introduced byMallikarjun Kharge
Committee reportStanding Committee Report
Date passed by conference committee7 May 2015
Repeals
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 2016
Status: In force

Legislative history

The Rights of Persons with Disabilities Bill, 2014 was introduced into the Parliament on 7 February 2014 and passed by the Lok Sabha on 14 December 2016. The Bill was passed by the Rajya Sabha on 16 December 2016 and received the President's assent on 27 December 2016.[3] The Act become operational on 19 April 2017. The Central Government rules 2017 have been notified under Section 100 of the Act and have come into force with effect from 15 June 2017.[4]

Case law

Uttar Pradesh cabinet minister was the first one to be booked under this new legislation[5] when disability activist Satendra Singh (doctor) filed case against him on publicly humiliating a disabled employee.[6] The addition of thalassemia as a new disability under this new law allowed a Chhattisgarh girl with this disorder to get medical admission after Supreme Court's intervention.[7]

References
  1. "THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016" (PDF). disabilityaffairs.gov.in. Retrieved 8 January 2019.
  2. Nair, Shalini (15 December 2016). "Disabilities Bill passed: New conditions, revised quota and a few concerns". The Indian Express. Retrieved 15 December 2017.
  3. "The Rights of Persons with Disabilities Bill, 2014". PRS Legislative research. Retrieved 15 December 2017.
  4. Mandhani, Apoorva (16 June 2017). "All Establishments Should Publish Equal Opportunity Policy: Rights Of Persons With Disabilities Rules, 2017 Notified". Live Law. Retrieved 15 December 2017.
  5. "UP Minister Could Become First to Be Tried Under New Disability Law". The Wire.
  6. "Delhi University doctor stands up for UP government employee's rights". The Times of India.
  7. "Supreme Court helps girl with thalassaemia join medical course". Hindustan Times.
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