Rights of Persons with Disabilities Act, 2016.
(1) Notwithstanding anything contained in any other law for the
time being in force, on and from the date of commencement of this Act, where a district court or any
designated authority, as notified by the State Government, finds that a person with disability, who had
been provided adequate and appropriate support but is unable to take legally binding decisions, may be
provided further support of a limited guardian to take legally binding decisions on his behalf in
consultation with such person, in such manner, as may be prescribed by the State Government: Section 14 of the Rights of Persons with Disabilities (RPwD) Act, 2016, establishes the legal framework for guardianship of persons with disabilities (PwD). It emphasizes the importance of supported decision-making, respecting the autonomy of PwDs, and delineates the roles of courts and designated authorities in appointing guardians. The provision aligns with the social model of disability and international commitments, such as the UNCRPD, promoting dignity, autonomy, and inclusive participation. In conclusion, Section 14 of the RPwD Act, 2016, advances a supportive, rights-based approach to guardianship, emphasizing least restrictive measures, autonomy, and procedural safeguards, aligning domestic law with international standards and constitutional values. It ensures decentralized, transparent, and accountable guardianship processes that respect the dignity and agency of persons with disabilities.
Provided that the District Court or the designated authority, as the case may be, may grant total
support to the person with disability requiring such support or where the limited guardianship is to be
granted repeatedly, in which case, the decision regarding the support to be provided shall be reviewed by
the Court or the designated auLegal Commentary on Section 14 of the Rights of Persons with Disabilities Act, 2016
Introduction
What does Section 14 Say?
Essential Ingredients
Scope of Section 14
Punishment for Violations
Legal Comments (Summary)
(1) This Act may be called the Rights of Persons with
Disabilities Act, 2016.
(2) It shall come into force on such date1 as the Central Government may, by notification in the
Official Gazette, appoint.
In this Act, unless the context otherwise requires,---
(a) "appellate authority" means an authority notified under sub-section (3) of section 14 or
sub-section (1) of section 53 or designated under sub-section (1) of section 59, as the case may be;
(b) "appropriate Government" means,---
(i) in relation to the Central Government or any establishment wholly or substantially
financed by that Government, or a Cantonment Board constituted under the Cantonments Act,
2006 (41 of 2006), the Central Government;
(1) The appropriate Government shall ensure that the persons
with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally
with others.
(2) The appropriate Government shall take steps to utilise the capacity of persons with disabilities by
providing appropriate environment.
(3) No person with disability shall be discriminated on the ground of disability, unless it is shown that
the impugned act or omission is a proportionate means of achieving a legitimate aim.
(4) No person shall be deprived of his or her personal liberty only on the ground of disability.
(5) The appropriate Government shall take necessary steps to ensure reasonable accommodation for
persons with
(1) The appropriate Government and the local
authorities shall take measures to ensure that the women and children with disabilities enjoy their rights
equally with others.
(2) The appropriate Government and local authorities shall ensure that all children with disabilities
shall have right on an equal basis to freely express their views on all matters affecting them and provide
them appropriate support keeping in view their age and disability.".
(1) The persons with disabilities shall have the right to live in the community.
(2) The appropriate Government shall endeavour that the persons with disabilities are,—
(a) not obliged to live in any particular living arrangement; and
(b) given access to a range of in-house, residential and other community support services,
including personal assistance necessary to support living with due regard to age and gender.
(1) The appropriate Government shall take
measures to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading
treatment.
(2) No person with disability shall be a subject of any research without,—
(i) his or her free and informed consent obtained through accessible modes, means and formats of
communication; and
(ii) prior permission of a Committee for Research on Disability constituted in the prescribed
manner for the purpose by the appropriate Government in which not less than half of the Members
shall themselves be either persons with disabilities or Members of the registered organisation as
defined under clause (z) of section 2.
(1) The appropriate Government shall take
measures to protect persons with disabilities from all forms of abuse, violence and exploitation and to
prevent the same, shall---
(a) take cognizance of incidents of abuse, violence and exploitation and provide legal remedies
available against such incidents;
(b) take steps for avoiding such incidents and prescribe the procedure for its reporting;
(c) take steps to rescue, protect and rehabilitate victims of such incidents; and
(d) create awareness and make available information among the public.
(1) The persons with disabilities shall have equal protection and safety in
situations of risk, armed conflict, humanitarian emergencies and natural disasters.
(2) The National Disaster Management Authority and the State Disaster Management Authority shall
take appropriate measures to ensure inclusion of persons with disabilities in its disaster management
activities as defined under clause (e) of section 2 of the Disaster Management Act, 2005 (53 of 2005) for
the safety and protection of persons with disabilities.
(3) The District Disaster Management Authority constituted under section 25 of the Disaster
Management Act, 2005 (53 of 2005) shall maintain record of details of persons with disabilities in the
district and take suitable measures to inform such persons of any situations of risk so as to enhance
disaster prepare
(1) No child with disability shall be separated from his or her parents on the
ground of disability except on an order of competent court, if required, in the best interest of the child.
(2) Where the parents are unable to take care of a child with disability, the competent court shall place
such child with his or her near relations, and failing that within the community in a family setting or in
exceptional cases in shelter home run by the appropriate Government or non-governmental organisation,
as may be required.
(1) The appropriate Government shall ensure that persons with
disabilities have access to appropriate information regarding reproductive and family planning.
(2) No person with disability shall be subject to any medical procedure which leads to infertility
without his or her free and informed consent.
The Election Commission of India and the State Election Commissions
shall ensure that all polling stations are accessible to persons with disabilities and all materials related to
the electoral process are easily understandable by and accessible to them.
(1) The appropriate Government shall ensure that persons with disabilities are
able to exercise the right to access any court, tribunal, authority, commission or any other body having
judicial or quasi-judicial or investigative powers without discrimination on the basis of disability.
(2) The appropriate Government shall take steps to put in place suitable support measures for persons
with disabilities specially those living outside family and those disabled requiring high support for
exercising legal rights.
(3) The National Legal Services Authority and the State Legal Services Authorities constituted under
the Legal Services Authorities Act, 1987 (39 of 1987) shall make provisions including reasonable
accommodation to ensure that persons with disabilities have access to any scheme, programme, facility or
service offered by them
(1) The appropriate Government shall ensure that the persons with disabilities
have right, equally with others, to own or inherit property, movable or immovable, control their financial
affairs and have access to bank loans, mortgages and other forms of financial credit.
(2) The appropriate Government shall ensure that the persons with disabilities enjoy legal capacity on
an equal basis with others in all aspects of life and have the right to equal recognition everywhere as any
other person before the law.
(3) When a conflict of interest arises between a person providing support and a person with disability
in a particular financial, property or other economic transaction, then such supporting person shall abstain
from providing support to the person with disability in that transaction:
(1) The appropriate Government shall designate one or
more authorities to mobilise the community and create social awareness to support persons with
disabilities in exercise of their legal capacity.
(2) The authority designated under sub-section (1) shall take measures for setting up suitable support
arrangements to exercise legal capacity by persons with disabilities living in institutions and those with
high support needs and any other measures as may be required.
The appropriate Government and the local authorities shall
endeavour that all educational institutions funded or recognised by them provide inclusive education to
the children with disabilities and towards that end shall—
(i) admit them without discrimination and provide education and opportunities for sports and
recreation activities equally with others;
(ii) make building, campus and various facilities accessible;
(iii) provide reasonable accommodation according to the individual's requirements;
(iv) provide necessary support individualised or otherwise in
The appropriate
Government and the local authorities shall take the following measures for the purpose of section 16,
namely:---
(a) to conduct survey of school going children in every five years for identifying children with
disabilities, ascertaining their special needs and the extent to which these are being met:
Provided that the first survey shall be conducted within a period of two years from the date of
commencement of this Act;
(b) to establish adequate number of teacher training institutions;
(c) to train and employ teachers, including teachers with
The appropriate Government and the local authorities shall take measures to
promote, protect and ensure participation of persons with disabilities in adult education and continuing
education programmes equally with others.
(1) The appropriate Government shall formulate
schemes and programmes including provision of loans at concessional rates to facilitate and support
employment of persons with disabilities especially for their vocational training and self-employment.
(2) The schemes and programmes referred to in sub-section (1) shall provide for---
(a) inclusion of person with disability in all mainstream formal and non-formal vocational and
skill training schemes and programmes;
(b) to ensure that a person with disability has adequate support and facilities to avail specific
training;
(c) exclusive skill tra
(1) Every establishment shall notify equal opportunity policy
detailing measures proposed to be taken by it in pursuance of the provisions of this Chapter in the manner
as may be prescribed by the Central Government.
(2) Every establishment shall register a copy of the said policy with the Chief Commissioner or the
State Commissioner, as the case may be.
(1) Every establishment shall maintain records of the persons with
disabilities in relation to the matter of employment, facilities provided and other necessary information in
compliance with the provisions of this Chapter in such form and manner as may be prescribed by the
Central Government.
(2) Every employment exchange shall maintain records of persons with disabilities seeking
employment.
(3) The records maintained under sub-section (1) shall be open to inspection at all reasonable hours
by such persons as may be authorised in their behalf by the appropriate Government.
(1) Every Government establishment shall
appoint a Grievance Redressal Officer for the purpose of section 19 and shall inform the Chief
Commissioner or the State Commissioner, as the case may be, about the appointment of such officer.
(2) Any person aggrieved with the non-compliance of the provisions of section 20, may file a
complaint with the Grievance Redressal Officer, who shall investigate it and shall take up the matter with
the establishment for corrective action.
(3) The Grievance Redressal Officer shall maintain a register of complaints in the manner as may be
prescribed by the Central Government, and every complaint shall be inquired within two weeks of its
registration.
(4) If the aggrieved person is not satisfied with the action taken on his or her complaint,
(1) The appropriate Government shall within the limit of its economic capacity
and development formulate necessary schemes and programmes to safeguard and promote the right of
persons with disabilities for adequate standard of living to enable them to live independently or in the
community:
Provided that the quantum of assistance to the persons with disabilities under such schemes and
programmes shall be at least twenty-five per cent. higher than the similar schemes applicable to others.
(2) The appropriate Government while devising these schemes and programmes shall give due
consideration to the diversity of disability, gender, age, and socio-economic status.
(3) The schemes under sub-section (1) shall provide for,---
(1) The appropriate Government and the local authorities shall take necessary
measures for the persons with disabilities to provide,---
(a) free healthcare in the vicinity specially in rural area subject to such family income as may be
notified;
(b) barrier-free access in all parts of Government and private hospitals and other healthcare
institutions and centres;
(c) priority in attendance and treatment.
(2) The appropriate Government and the local authorities shall take measures and make schemes or
programmes to promote healthcare and prevent the occurrence of disabilities and for the said purpos
The appropriate Government shall, by notification, make insurance
schemes for their employees with disabilities.
(1) The appropriate Government and the local authorities shall within their
economic capacity and development, undertake or cause to be undertaken services and programmes of
rehabilitation, particularly in the areas of health, education and employment for all persons with
disabilities.
(2) For the purposes of sub-section (1), the appropriate Government and the local authorities may
grant financial assistance to non-Governmental Organisations.
(3) The appropriate Government and the local authorities, while formulating rehabilitation policies
shall consult the non-Governmental Organisations working for the cause of persons with disabilities.
The appropriate Government shall initiate or cause to be initiated
research and development through individuals and institutions on issues which shall enhance habilitation
and rehabilitation and on such other issues which are necessary for the empowerment of persons with
disabilities.
The appropriate Government and the local authorities shall take
measures to promote and protect the rights of all persons with disabilities to have a cultural life and to
participate in recreational activities equally with others which include,—
(a) facilities, support and sponsorships to artists and writers with disability to pursue their
interests and talents;
(b) establishment of a disability history museum which chronicles and interprets the historical
experiences of persons with disabilities;
(c) making art accessible to persons with disabilities;
(d) pr
(1) The appropriate Government shall take measures to ensure effective
participation in sporting activities of the persons with disabilities.
(2) The sports authorities shall accord due recognition to the right of persons with disabilities to
participate in sports and shall make due provisions for the inclusion of persons with disabilities in their
schemes and programmes for the promotion and development of sporting talents.
(3) Without prejudice to the provisions contained in sub-sections (1) and (2), the appropriate
Government and the sports authorities shall take measures to,—
(a) restructure courses and programmes to ensure access, inclusion and participation of persons
with disabilities in all sporting activities;
(1) All Government institutions of higher
education and other higher education institutions receiving aid from the Government shall reserve not less
than five per cent. seats for persons with benchmark disabilities.
(2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for
admission in institutions of higher education.
The appropriate Government shall—
(i) identify posts in the establishments which can be held by respective category of persons with
benchmark disabilities in respect of the vacancies reserved in accordance with the provisions of
section 34;
(ii) constitute an expert committee with representation of persons with benchmark disabilities for
identification of such posts; and
(iii) undertake periodic review of the identified posts at an interval not exceeding three years.
(1) Every appropriate Government shall appoint in every Government
establishment, not less than four per cent. of the total number of vacancies in the cadre strength in each
group of posts meant to be filled with persons with benchmark disabilities of which, one per cent. each
shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent.
for persons with benchmark disabilities under clauses (d) and (e), namely:---
(a) blindness and low vision;
(b) deaf and hard of hearing;
(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and
muscul
The appropriate Government and the local
authorities shall, within the limit of their economic capacity and development, provide incentives to
employer in private sector to ensure that at least five per cent. of their work force is composed of persons
with benchmark disability.
The appropriate Government may, by notification, require that
from such date, the employer in every establishment shall furnish such information or return as may be
prescribed by the Central Government in relation to vacancies appointed for persons with benchmark
disability that have occurred or are about to occur in that establishment to such special employment
exchange as may be notified by the Central Government and the establishment shall thereupon comply
with such requisition.
The appropriate Government and the local
authorities shall, by notification, make schemes in favour of persons with benchmark disabilities, to
provide,—
(a) five per cent. reservation in allotment of agricultural land and housing in all relevant schemes
and development programmes, with appropriate priority to women with benchmark disabilities;
(b) five per cent. reservation in all poverty alleviation and various developmental schemes with
priority to women with benchmark disabilities;
(c) five per cent. reservation in allotment of land on concessional rate, where such land is to be
used for the purpose of promoting housing, shelter, setting up of occupatio
(1) Any person with
benchmark disability, who considers himself to be in need of high support, or any person or organisation
on his or her behalf, may apply to an authority, to be notified by the appropriate Government, requesting
to provide high support.
(2) On receipt of an application under sub-section (1), the authority shall refer it to an Assessment
Board consisting of such Members as may be prescribed by the Central Government.
(3) The Assessment Board shall assess the case referred to it under sub-section (1) in such manner as
may be prescribed by the Central Government, and shall send a report to the authority certifying the need
of high support and its nature.
(4) On receipt of a report under sub-section (3), the authority shall take steps
(1) The appropriate Government, in consultation with the Chief
Commissioner or the State Commissioner, as the case may be, shall conduct, encourage, support or
promote awareness campaigns and sensitisation programmes to ensure that the rights of the persons with
disabilities provided under this Act are protected.
(2) The programmes and campaigns specified under sub-section (1) shall also,—
(a) promote values of inclusion, tolerance, empathy and respect for diversity;
(b) advance recognition of the skills, merits and abilities of persons with disabilities and of their
contributions to the workforce, labour market and professional fee;
The Central Government shall, in consultation with the Chief Commissioner,
formulate rules for persons with disabilities laying down the standards of accessibility for the physical
environment, transportation, information and communications, including appropriate technologies and
systems, and other facilities and services provided to the public in urban and rural areas.
(1) The appropriate Government shall take suitable measures to
provide,—
(a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to
the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing
machines;
(b) access to all modes of transport that conform the design standards, including retrofitting old
modes of transport, wherever technically feasible and safe for persons with disabilities, economically
viable and without entailing major structural changes in design;
(c) accessible roads to address mobility necessary for persons with disabilities.
The appropriate Government shall
take measures to ensure that,—
(i) all contents available in audio, print and electronic media are in accessible format;
(ii) persons with disabilities have access to electronic media by providing audio description, sign
language interpretation and close captioning;
(iii) electronic goods and equipment which are meant for every day use are available in universal
design.
The appropriate Government shall take measures to promote development,
production and distribution of universally designed consumer products and accessories for general use for
persons with disabilities.
(1) No establishment shall be granted
permission to build any structure if the building plan does not adhere to the rules formulated by the
Central Government under section 40.
(2) No establishment shall be issued a certificate of completion or allowed to take occupation of a
building unless it has adhered to the rules formulated by the Central Government.
(1) All existing public buildings shall be made accessible in accordance with the rules
formulated by the Central Government within a period not exceeding five years from the date of
notification of such rules:
Provided that the Central Government may grant extension of time to the States on a case to case
basis for adherence to this provision depending on their state of preparedness and other related
parameters.
(2) The appropriate Government and the local authorities shall formulate and publish an action plan
based on prioritisation, for providing accessibility in all their buildings and spaces providing essential
services such as all primary health centres, civil hospitals, schools, railway stations and bus stops.
(1) Notwithstanding anything
contained in the Rights of Children to Free and Compulsory Education Act, 2009 (35 of 2009), every
child with benchmark disability between the age of six to eighteen years shall have the right to free
education in a neighbourhood school, or in a special school, of his choice. Section 31 of the Rights of Persons with Disabilities (RPwD) Act, 2016 represents a paradigm shift in Indian legislative history regarding the right to education. It moves from a charitable or remedial approach to a rights-based entitlement, ensuring every child with a benchmark disability has access to free education regardless of the specific model of the school (neighbourhood or special). This section grants a cause of action that supersedes prior statutory frameworks and establishes a fiduciary duty on the State to create accessible environments for the next generation. Section 31 explicitly confers a statutory right to free education upon every child between the ages of six and eighteen years who possesses a "benchmark disability." Crucially, this mandate applies to both neighbourhood schools and special schools of the child's choice, intending to move away from segregated education. Furthermore, it overrides any conflicting provisions in the Right of Children to Free and Compulsory Education (RTE) Act, 2009, specifically granting these children the right to education in an "appropriate environment." [L. K. Venkat Alias Venkatesan L VS Secretary, Union of India, Ministry of Human Resource Development][01900018545] To successfully invoke rights under Section 31, the following legal elements must be established:* Plaintiff Status: The beneficiary must be a person with a "benchmark disability," legally defined as having not less than 40% of a specified disability certified by the appropriate certifying authority. [Vikash Kumar VS Union Public Service Commission][Kiran Rathi W/o Ramesh Kumar Rathi VS State of Chhattisgarh Through Secretary, Department Of Law And Legislative Afairs]* Age Limit: The provision is strictly限定 for children within the age bracket of six to eighteen years. [L. K. Venkat Alias Venkatesan L VS Secretary, Union of India, Ministry of Human Resource Development]* Choice of Institution: The child must have the right to choose between a neighbourhood school or a special school, provided the choice aligns with educational suitability. [L. K. Venkat Alias Venkatesan L VS Secretary, Union of India, Ministry of Human Resource Development]* Disability Certificate: A valid certification issued by the certifying authority is the primary document establishing eligibility, superseding conflicting medical board assessments in many contexts. [Maaz Ahmad vs U.O.I. Thru. Secy. Ministry of Health And Family Welfare]* Benefit Scope: The state must provide this education "free of cost" and in an "appropriate environment," which implies barrier-free access and necessary adaptations. [DISABLED RIGHTS GROUP VS UNION OF INDIA] The scope of Section 31 is expansive and covers various critical dimensions of educational equity:* Non-Discrimination: It prohibits denying education based on the percentage of disability falling below the 40% benchmark threshold for specific conditional benefits, though the right to education itself is universal. However, reservation benefits specifically (like in higher education) are tied to the benchmark definition. [Vikash Kumar VS Union Public Service Commission]* Appropriate Environment: The term mandates that the school infrastructure must be accessible, and the pedagogical methods must be adapted to the child's specific needs, moving beyond mere physical admission. [DISABLED RIGHTS GROUP VS UNION OF INDIA]* Override of RTE Act: Unlike the RTE Act which focuses on universal free schooling, Section 31 explicitly carves out a separate, stronger right for disabled children on free education, notionalizing it as distinct from general student rights. [L. K. Venkat Alias Venkatesan L VS Secretary, Union of India, Ministry of Human Resource Development]* Reservation in Context: While Section 31 guarantees free education, the reservation of seats (Section 32) for benchmark disabilities in higher education is a separate but complementary provision that specifically requires bench-mark status for the 5% quota. [Kiran Rathi W/o Ramesh Kumar Rathi VS State of Chhattisgarh Through Secretary, Department Of Law And Legislative Afairs] While Section 31 itself establishes the right, the RPwD Act contains penal provisions in Chapter XVI that apply to violations of the Act's substantive guarantees.* Abuse of Benefits: Section 89 to 95 imposes penalties for fraudulently availing benefits meant for persons with benchmark disabilities. This prevents misuse of the "benchmark" classification for free education or other state grants. * General Penal Clauses: Crimes of atrocities against disabled persons or fraudulent procurement of documents to claim the rights under Section 31 can attract imprisonment. For instance, Section 92 provides for imprisonment for atrocities on disabled people. * Contempt: While not strictly a "section" penalty, failure of the State or institutions to comply with the mandatory directions of Section 31 can lead to contempt of court proceedings if directed by a High Court or Supreme Court monitoring case. [Arnab Roy VS Consortium of National Law Universities]
(2) The appropriate Government and local authorities shall ensure that every child with benchmark
disability has access to free education in an appropriate environment till he attains the age of eighteen
years.
Legal Commentary on Section 31 of the Rights of Persons with Disabilities Act, 2016
Introduction
What does Section 31 Say
Essential Ingredients
Scope of Section
Punishment for Section
Legal Comments
(1) No Government establishment shall discriminate
against any person with disability in any matter relating to employment: Legal Comments "Section 20(1) - Non-discrimination in employment" - The RPwD Act, 2016 prohibits discrimination in employment against persons with disabilities in government establishments, subject to possible exemptions by notification; this underpins equal opportunity in recruitment, promotion, and retention - [Santosh Kumar vs Union of India] "Section 20(2) - Reasonable accommodation" - Government establishments must provide reasonable accommodation and a barrier-free environment to employees with disabilities; failure to do so can violate constitutional values and statutory rights - [Divisional Railway Manager, Chennai Division, Southern Railway, Ngo Annex vs Chief Commissioner For Persons With Disabilities (Divyangjan), Department Of Empowerment Persons With Disabilities (Divyangjan), Ministry Of Social Justice And Empowerment, Government Of India] "Section 20(3) - No denial of promotion on ground of disability" - No promotion shall be denied solely due to disability, reinforcing equal opportunity in career progression - [Nagender Kumar, S/o. Late Sh. Jagdish Chand VS Himachal Pradesh State Electricity Board Ltd. ] "Section 20(4) - Protection upon acquiring disability; transfer or supernumerary post" - If an employee acquires disability during service and is not suitable for the current post, they must be shifted to another post with the same pay and benefits; if no suitable post, they may be kept on a supernumerary post with pay protection until a suitable post is found or retirement; this is central to salary and job security during accommodation - [Ganesan Vs Commandant, Tamil Nadu Special Police Force'>Ganesan vs Commandant, Tamil Nadu Special Police Force, Rajapalayam, Virudhunagar District] "Mandatory pay protection upon category change due to disability" - Courts have consistently held that where disability requires category changes or reassignment, pay protection must be granted, and arrears/future pay preserved, reflecting statutory protection in practice - [Sajimon. K. B. VS Kerala State Road Transport Corporation, Represented By Its Managing Director], [Muhammad Naeem vs State Of Uttar Pradesh] "Supernumerary post as fallback" - When no suitable post exists, the RPwD Act contemplates keeping the employee on a supernumerary post with preserved pay and benefits, balancing public safety with disability rights - [Ganesan Vs Commandant, Tamil Nadu Special Police Force'>Ganesan vs Commandant, Tamil Nadu Special Police Force, Rajapalayam, Virudhunagar District], [Sajimon. K. B. VS Kerala State Road Transport Corporation, Represented By Its Managing Director] "Reasonable accommodation in examinations and scribes" - Courts have mandated that examinations provide reasonable accommodations (e.g., scribes) to all PwDs, including those with non-benchmark disabilities, to ensure equal opportunities in competitive processes - [Gulshan Kumar VS Institute Of Banking Personnel Selection] "Promotion reservations and identification of posts" - Reservation in promotion for PwD requires identification of appropriate posts; without identified posts, reservation cannot be operationalized, and promotion rights may be frustrated - [Mohammed K. K. VS Kerala State Road Transport Corporation, Represented by Its Chairman and Managing Director], [State of Kerala VS Leesamma Joseph] "Discharge or dismissal in service and disability rights" - Government establishments cannot dismiss employees solely for acquiring disability; they must consider alternative roles or supernumerary posts with pay protections, aligning with RPwD Act protections - [Ganesan Vs Commandant, Tamil Nadu Special Police Force'>Ganesan vs Commandant, Tamil Nadu Special Police Force, Rajapalayam, Virudhunagar District], [S.G.R.Prakash, S/o.S.Gyama Sundaram vs Union of India] "Derivative protection post-2016 Act superseding 1995 Act" - The RPwD Act 2016 replaced Section 47 of the 1995 Act; rights ensuring non-discrimination, reasonable accommodation, and guaranteed re-employment/post-alternative postings apply to cases previously under Section 47, subject to 2016 provisions - [Nissam H. S/o Hassan Pillai vs State of Kerala], [Sudesh Kumar Waingade S/o Hanumant Rao Waingade VS State of Goa] "Judicial interpretation favoring equal opportunity across postings" - Courts consistently direct authorities to re-evaluate disability claims and provide posts equivalent to prior rank/grade with pay protection, or to place on supernumerary posts, to avoid discrimination - [D. Anbalagan VS State of Tamil Nadu, Represented by its Principal Secretary to Government, Health and Family Welfare Department, Chennai], [01800056543] "Disability and salary arrears in medical leave contexts" - When a disabled employee goes on medical leave, courts have ordered salary arrears and protection of benefits, recognizing disability rights and statutory protections during medically sanctioned absences - [S.G.R.Prakash, S/o.S.Gyama Sundaram vs Union of India], [Laljee vs State Of U.P. Thru. Prin. Secy. Secondary Education Lko] "Validity of medical boards and disability certification" - Disability certification and medical board findings must align with RPwD Act guidelines; improper reassessment or denial of accommodation can render actions void or require reconsideration - [Dilip Kumar vs Govt. of NCT of Delhi], [State of Rajasthan VS Piyush Patidar S/o. Shri Velji Patida] "Exposure of Disability definitions: benchmark vs non-benchmark" - Courts reject narrowing rights to only benchmark disability; RPwD Act protects broader classes and requires reasonable accommodation across the spectrum of disabilities - [Vikash Kumar VS Union Public Service Commission], [Oil and Natural Gas Corporation Limited, through its authorised signatory Shri Gollapudi Ramakrishna VS Ranjan Tak, S/o. Shri Ram Pratap Tak] "Scribe and examination accommodations for non-benchmark PwD in competitive exams" - The courts have affirmed the right to scribes and alternate accommodations to ensure equal examination opportunities, irrespective of benchmark status - [Gulshan Kumar VS Institute Of Banking Personnel Selection], [Nissam H. S/o Hassan Pillai vs State of Kerala] "Disciplinary action and disability status in employment" - Disciplinary actions must consider disability status; non-discrimination and accommodation obligations apply; absence of such consideration can render disciplinary actions vulnerable to challenge - [Rabindra Nath Shukla S/O Late Rajkishore Shukla VS Uttar Bihar Gramin Bank], [00400033356] "Transport allowances and other service entitlements under RPwD Act 2016" - Transport allowances and other service-related entitlements for disabled employees are validated under Section 62 and Section 20, reinforcing that service benefits cannot be denied due to disability if conditions are met - [Divisional Railway Manager, Chennai Division, Southern Railway, Ngo Annex vs Chief Commissioner For Persons With Disabilities (Divyangjan), Department Of Empowerment Persons With Disabilities (Divyangjan), Ministry Of Social Justice And Empowerment, Government Of India], [M. Nandini VS State of Tamil Nadu, Rep. by its Secretary to Government, Home Department] "Multiple disabilities and identification under Section 34" - For vacancies identified under Section 34, courts mandate consideration of candidates with multiple disabilities; identification and reservation obligations extend to posts designated for multiple disabilities, not just single-category reservations - [00900048107], [Arun Sarkar VS State Of West Bengal] "Salary vs. compensation balance in disability cases" - Courts emphasize ensuring salary and benefits are not offset by disability compensation; where applicable, salary continuation and disability-related compensation must be harmonized and protected per RPwD Act and related rules - [Sant Kumar VS General Manager, Northern Indian Railway], [SAMANT LAL OJHA VS STATE OF U. P. ] "Arbitrary cancellation of posts or advertisements and disability protections" - Courts may direct re-notification and re-advertisement with compliance to RPwD Act obligations, ensuring posts are reserved for PwDs and that selection processes respect disability rights - [Union of India VS Sadia Fatima], [Atul Ranjan VS State Of Bihar] "Legislative scope: Section 20 as a standing framework" - Section 20 provides a robust framework: non-discrimination, reasonable accommodation, protection of pay on category shifts, and supernumerary posting, applicable across government establishments and various sectors - [Nissam H. S/o Hassan Pillai vs State of Kerala], [Ganesan Vs Commandant, Tamil Nadu Special Police Force'>Ganesan vs Commandant, Tamil Nadu Special Police Force, Rajapalayam, Virudhunagar District] "Constitutional alignment of disability rights in employment" - Jurisprudence consistently aligns RPwD Act with Articles 14, 16, 21 (and beyond) of the Constitution, reinforcing equality, dignity, and due process in employment decisions affecting PwDs - [Diganta Talukdar, S/o. Late Jiten Talukdar VS State of Assam, Represented by Principal Secretary to the Government of Assam, Social Justice and Empowerment Department], [Ganesan Vs Commandant, Tamil Nadu Special Police Force'>Ganesan vs Commandant, Tamil Nadu Special Police Force, Rajapalayam, Virudhunagar District] "Administrative practice and policy implications" - Directorate or department-level policies must reflect RPwD Act principles, including identifying posts for PwD reservations, implementing reasonable accommodations, and ensuring non-discrimination across postings and promotions - [01800051093], [Sajimon. K. B. VS Kerala State Road Transport Corporation, Represented By Its Managing Director] "Interplay with pension and invalid pension provisions" - When disability arises in service, options include continuation with pay protection, disability pension under CCS rules, and alignment with RPwD Act, with the court often directing continuity of service and entitlement to pension where appropriate - [Sudesh Kumar Waingade S/o Hanumant Rao Waingade VS State of Goa], [SAMANT LAL OJHA VS STATE OF U. P. ] "Remedial moulding and ‘complete justice’" - Courts retain authority to mould relief to achieve substantive justice, especially in complex disability cases involving multiple statutes and evolving regulations, ensuring remedy aligns with RPwD Act objectives - [Arun Sarkar VS State Of West Bengal], [Laljee vs State Of U.P. Thru. Prin. Secy. Secondary Education Lko] References- Santosh Kumar vs Union of India- Divisional Railway Manager, Chennai Division, Southern Railway, Ngo Annex vs Chief Commissioner For Persons With Disabilities (Divyangjan), Department Of Empowerment Persons With Disabilities (Divyangjan), Ministry Of Social Justice And Empowerment, Government Of India- Nagender Kumar, S/o. Late Sh. Jagdish Chand VS Himachal Pradesh State Electricity Board Ltd. - Ganesan Vs Commandant, Tamil Nadu Special Police Force'>Ganesan vs Commandant, Tamil Nadu Special Police Force, Rajapalayam, Virudhunagar District- Sajimon. K. B. VS Kerala State Road Transport Corporation, Represented By Its Managing Director- Muhammad Naeem vs State Of Uttar Pradesh- Gulshan Kumar VS Institute Of Banking Personnel Selection- Mohammed K. K. VS Kerala State Road Transport Corporation, Represented by Its Chairman and Managing Director- State of Kerala VS Leesamma Joseph- Nissam H. S/o Hassan Pillai vs State of Kerala- D. Anbalagan VS State of Tamil Nadu, Represented by its Principal Secretary to Government, Health and Family Welfare Department, Chennai- State of Rajasthan VS Piyush Patidar S/o. Shri Velji Patida- 00900048107- Sant Kumar VS General Manager, Northern Indian Railway- SAMANT LAL OJHA VS STATE OF U. P. - Sudesh Kumar Waingade S/o Hanumant Rao Waingade VS State of Goa- S.G.R.Prakash, S/o.S.Gyama Sundaram vs Union of India- Diganta Talukdar, S/o. Late Jiten Talukdar VS State of Assam, Represented by Principal Secretary to the Government of Assam, Social Justice and Empowerment Department- Sangat Ram VS State Of H P- Oil and Natural Gas Corporation Limited, through its authorised signatory Shri Gollapudi Ramakrishna VS Ranjan Tak, S/o. Shri Ram Pratap Tak- Vikash Kumar VS Union Public Service Commission- Dilip Kumar vs Govt. of NCT of Delhi- Sena Khokhar D/o. Shri Ramchandra Khokhar VS State of Rajasthan, Through Its Secretary, Department of Medical and Health, Government of Rajasthan- M. Nandini VS State of Tamil Nadu, Rep. by its Secretary to Government, Home Department- Javed Abidi Foundation vs Union of India- Shyamkumar S/o. Pandurang Wankhede VS Union of India- Shakir Khan Mansuri VS State of M. P. -
Provided that the appropriate Government may, having regard to the type of work carried on in any
establishment, by notification and subject to such conditions, if any, exempt any establishment from the
provisions of this section.
(2) Every Government establishment shall provide reasonable accommodation and appropriate barrier
free and conducive environment to employees with disability.
(3) No promotion shall be denied to a person merely on the ground of disability.
(4) No Government establishment shall dispense with or reduce in rank, an employee who acquires a
disability during his or her
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