GS Paper 2 10 marks · 150w 9 min Medium
The Rights of Persons with Disabilities Act, 2016 remains only a legal document without intense sensitisation of government functionaries and citizens regarding disability. Comment.
Subtopic: Social Justice · disability rights and RPwD Act
How to structure your answer
Introduction → What the RPwD Act, 2016 promises (21 disabilities, reservation, accessibility, penalties) → Why it risks staying on paper: attitudinal barriers, functionary apathy, inaccessible infrastructure, weak enforcement → Judicial nudges (Vikash Kumar, Rajive Raturi) → Sensitisation agenda for officials and citizens → Conclusion
Detailed model answer
212 words · target 150 words · 9 min
The Rights of Persons with Disabilities Act, 2016, enacted to implement the UN Convention on the Rights of Persons with Disabilities, expanded recognised disabilities from 7 to 21, mandated 4% reservation in government jobs and 5% in higher education, and made accessibility and non-discrimination enforceable duties.
Why the Act risks remaining a legal document
- Attitudinal barriers: disability is still viewed through a lens of charity rather than rights; Census 2011 counted 2.68 crore persons with disabilities, many invisible in schools, workplaces and public life.
- Functionary apathy: delays in benchmark-disability certification, unfilled posts of Commissioners, untrained frontline staff and late framing of state rules dilute entitlements.
- Inaccessible environments: most public buildings and transport remain non-compliant despite the Accessible India Campaign; in Rajive Raturi (2024), the Supreme Court held mandatory minimum accessibility standards binding on governments.
- Weak enforcement: special courts are under-designated and penalties for discrimination are rarely invoked.
Sensitisation as the bridge
- Vikash Kumar v. UPSC (2021) upheld reasonable accommodation as the essence of substantive equality — rights need active facilitation, not passive legislation.
- Training of officials through iGOT/Mission Karmayogi modules, disability audits, inclusive curricula, respectful media portrayal, and partnering with organisations of persons with disabilities can convert legal text into lived rights.
The Act sets the floor; only sustained sensitisation of functionaries and citizens will deliver the dignity, access and participation it promises.
What an examiner expects to see
- Establish the Act's strengths first: UNCRPD alignment, 21 recognised conditions, 4%/5% reservations, accessibility mandates, penal provisions, Chief and State Commissioners.
- Agree substantially with the statement: implementation lags because rights on paper meet charity-mindset attitudes and untrained functionaries on the ground.
- Evidence of gaps: delayed disability certification, non-compliant public buildings and transport, under-designated special courts, vacant commissioner posts.
- Judicial reinforcement: Vikash Kumar v. UPSC (2021) on reasonable accommodation; Rajive Raturi (2024) making minimum accessibility standards mandatory.
- Sensitisation levers: civil-service training modules, disability audits, inclusive school curricula, media campaigns, engagement of disabled persons' organisations.
- Balance the 'comment': the Act has enabled real gains (certification digitisation via UDID, Accessible India Campaign) — sensitisation and enforcement must catch up.
- Conclude on substantive equality: from welfare to rights requires attitudinal transformation alongside legal machinery.
Concrete cases, schemes and judgments
- Vikash Kumar v. UPSC (2021) — scribe facility and reasonable accommodation beyond benchmark disability
- Rajive Raturi v. Union of India (2024) — SC ordered mandatory accessibility rules under the RPwD framework
- Accessible India Campaign (Sugamya Bharat Abhiyan), 2015 and its slow compliance record
- UDID card project for unique disability identity and streamlined certification
- Census 2011: 2.68 crore persons with disabilities (2.21% of population)
Terminology to weave into the answer
reasonable accommodationbenchmark disabilityUNCRPDAccessible India Campaignsubstantive equalitysocial model of disability