SC expands definition of Acid Attack Victim in Disabilities Act 

Why in News?

The Supreme Court of India expanded the definition of “acid attack victims” under the Rights of Persons with Disabilities Act (RPwD) Act, 2016, to include survivors who were forced to ingest acid or suffered internal organ damage without visible external disfigurement. 

Key Highlights of the Supreme Court Judgment: 

• Inclusion of Acid Ingestion Survivors: The Court ruled that:
  • Survivors forced to ingest acid are also “acid attack victims” under the RPwD Act.
  • Disability should not be determined merely by visible scars or external disfigurement.
  • Internal injuries causing long-term functional impairment must also qualify.

The judgment applies retrospectively from the date the RPwD Act came into force in 2016. The original 2016 Act restricted the definition to victims “disfigured” by throwing acid, failing to include those who survived internal injuries from ingestion. 

The ruling directs the central government to amend the Act’s schedule to incorporate the change. 

Significance of the Judgment: 

• Bridges the gap in Welfare Access: Under the RPwD Act 2016, a disability certificate is necessary for accessing government compensation schemes, reservation benefits, rehabilitation support, healthcare assistance, pensions and social security benefits. Victims of acid ingestion were unable to access these protections as they were excluded from the statutory definition. The SC ruling aligns with constitutional principles of equality and dignity under Articles 14 and 21.
• Consistency with Criminal Law: Under the Bharatiya Nyaya Sanhita, 2023, both throwing acid and administering acid are treated as equivalent offences carrying similar punishment. Hence, including ingestion survivors in welfare protections is legally coherent.

Rights of Persons with Disabilities Act, 2016:

The Rights of Persons with Disabilities Act, 2016 was enacted to fulfil India’s obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India ratified in 2007. 

• Disabilities: The number of recognised disabilities increased from 7 to 21 under the Act. It includes conditions such as:
  • Acid attack victims
  • Dwarfism
  • Autism spectrum disorder
  • Cerebral palsy
  • Muscular dystrophy
  • Mental illness
  • Specific learning disabilities, etc.
• Institutional Mechanisms: The Act provides for the establishment of: (i) Central Advisory Board on Disability and (ii) State Advisory Boards on Disability. These function as apex policy advisory and coordination bodies.
• Disability Certificate:
  • A person with at least 40% of a specified disability, as certified by the competent authority, is considered a person with a benchmark disability. Such persons become eligible for various statutory benefits and reservations under the Act.
  • The competent authority for issuing disability certificate is a duly constituted Medical Board notified by the Central Government or the respective State Government.
• Penalties and Enforcement: The Act prescribes penalties for offences against persons with disabilities, discrimination, and violations of its provisions.
• Special Courts: State Governments are required to designate Special Courts in each district “as far as possible” for speedy trial of offences under the Act.

Rights and Entitlements under the RPwD Act: 

• Reservation Provisions: 
  • Higher Education: At least 5% reservation in government and government-aided higher educational institutions for persons with benchmark disabilities.
  • Government Employment: At least 4% reservation in government jobs for persons with benchmark disabilities.
  • Poverty Alleviation: At least 5% reservation/allocation in poverty alleviation and certain development schemes.
• Education Rights: Every child with benchmark disability between 6 and 18 years has the right to free education in a neighbourhood school or special school of choice.
• Accessibility Provisions: The Act mandates the government to ensure accessibility in public buildings, transportation, information and communication systems, and services for persons with disabilities within a prescribed timeframe. The accessibility obligation applies primarily to public infrastructure, though certain provisions also extend to private entities providing public services. 

Laws are as good as their implementation. The effective implementation of the legislation requires comprehensive sensitisation of both bureaucracy and society to move from legal recognition to practical, inclusive participation for PwDs. 

UPSC Mains PYQ 2022 

Q. The Rights of Persons with Disabilities Act, 2016 remains only a legal document without intense sensitisation of government functionaries and citizens regarding disability. Comment. 

UPSC Mains PYQ 2017 

Q. Does the Rights of Persons with Disabilities Act, 2016 ensure effective mechanisms for empowerment and inclusion of the intended beneficiaries in society? Discuss.