Rights Of Persons With Disabilities Act, 2016: Challenges

Prabhjot Dayal
Policy Update

Background

On 12.05.2012, the Department of Disability Affairs was created under the Ministry of Social Justice & Empowerment, to construct policy frameworks for the primary issues of disability, and to serve as a central point of contact for a coordinating role across various stakeholders and organizations at the National/UT’s & State level, as well as with Central Ministries and Departments.

In December 2014, the Department was once again renamed, this time to the Department of Empowerment of Persons with Disabilities, to reflect the new focus on the complete, comprehensive empowerment of PwDs. Empowering persons with disabilities is an inter-disciplinary, multi-faceted approach that includes prevention, early detection, intervention, education, health, vocational training, rehabilitation, and social integration.

Among nations worldwide, India was one of the first to sign and ratify the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). India signed the Convention on March 30, 2007 and ratified it on 01.10.2017. The Convention entered into force on May 3, 2008. Within the country, there are 5 Composite Rehabilitation Centres, 4 Regional Rehabilitation Centres, and 120 District Disability Rehabilitation Centres (DDRCs) which support the various rehabilitation needs of people with disabilities.

The PwD (Equal Opportunities, Protection of Rights, and Full Participations) Act, 1995, seeks to give effect to the “Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region.” This proclamation originated from the Economic and Social Commission for Asia and the Pacific in 1992, Beijing, during the launch of the Asian and Pacific Decade of Disabled Persons 1993 – 2002. The Act defined 7 disabilities as being blind, low vision, leprosy, hearing impaired, locomotor disability, mentally retarded, and mentally ill.

Through the RPwD Act, 2016, the number of conditions has been increased from 7 to 21 and now also includes conditions such as cerebral palsy, dwarfism, muscular dystrophy, acid attack, hard of hearing, speech and language disability, specific learning disability, autism spectrum disorders, chronic neurological disorders like multiple sclerosis and Parkinson’s, blood disorders such as haemophilia, thalassemia, sickle cell anaemia, and multiple disabilities.

The Ministry has been carrying out the Scheme for Implementation of the Persons with Disabilities Act, 1995 (SIPDA) to support the financial aspects of activities of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. These activities are primarily of a rehabilitative nature and focus on the provision of barrier-free amenities. This includes the provision of grants-in-aid to State Governments and to a range of bodies established by the Central and State Governments, autonomous bodies, and even universities. The SIPDA Scheme was revised and reformulated on 28 January 2016.

Painting by Ms Selvi N. Vidarthe. Winner of National Award for the Welfare of Persons with Disabilities – 2005 in the category of Creative Individual

Functioning

·   Institutional Framework

The Act establishes expansive boards at the Centre and State levels (Central and State Advisory Boards on Disability) that function as top-tier policy-making authorities. State Governments form district-level committees to respond to local issues pertaining to PwDs (details are specified in the state rules). Chief Commissioner (with 2 Commissioners and an 11-member Advisory Committee) and State Commissioners (with a 5-member Advisory Committee) are regulatory authorities who supervise and implement the procedures and deal with complaints.

The RPwD Act provides for a 5% reservation quota for persons with benchmark disabilities in government or government-aided institutions of higher education. It also provides 4% reservation for persons with benchmark disabilities (40% and above) in government employment posts. The Accessible India Campaign provides for the removal of barriers in public places and means of transportation. Social security covers SIPDA, which provides aid and funds and skill development.

·  Implementation Mechanism

The Center issues the Central Rules (dated June 15, 2017) and the SIPDA umbrella scheme, which seeks to aid states in implementing projects related to accessibility and inclusion. State governments make rules, set up local committees, and carry out provisions related to UDID cards and disability certificates. Central Advisory Board consultations, reviews by Chief/State Commissioners, and meetings that focus on the availability of UDID and assistive devices, as well as the state’s overall performance, provide a structure for monitoring.

Performance Of The Policy (Last 2-3 Years)

A)Budget Allocation

The allocations table for the RPwD Act, 2016 budget shows an increase for the ADIP (aids/appliances: ₹316.7 Cr in 2025-26), DDRS (rehabilitation: ₹165 Cr), scholarships (₹145 Cr), and National Institutes (₹430 Cr), along with the increase of the total net outlay. The capital remains low, with a focus on revenue for the welfare, access, and rehabilitation under the SIPDA umbrella (around ₹1 Cr). These allocations indicate the Centre’s responsiveness to the RPwD and the enhanced commitment to funding schemes for PWD, the support RCI, ALIMCO, and NE (approx. ₹70 Cr). Actuals met ~93% of RE in 2024-25; 2025-26 BE increased by 9% YoY with emphasis on social security (₹1173 Cr).

[chart-1] Notes on Demands for Grants 2025-26, Demand No. 94: Department of Empowerment of Persons with Disabilities (India Budget).

B)Scheme Performance: 2023-25

Accessible India Campaign: In the three years of 2023, 2024, and 2025, the Accessible India Campaign has fitted assistive devices, tactile pathways, and accessible wayfinding signage in more than 15,000 Government offices and other Public facilities. These improvements have enhanced barrier free access in transportation and in the Public infrastructure, which has improved mobility and independence of persons with disabilities.

·   ADIP Scheme (Aids & Appliances)

The ADIP Scheme in 2023-25, gave financial support to more than 1.2 million people for purchasing assistive aids, including hearing aids, wheelchairs, and prosthetics. One of the new ADIP strategies included building additional assistive technologies and using capacity-building strategies to improve the quality of life for users by addressing both access and aids, and assistive devices.

·   Scholarship Schemes

From 2023 to 2025, scholarship programs for students with disabilities have been strengthened, and more funds have been allocated under the National Scholarship Scheme for Persons with Disabilities.

·   Skill Development Initiatives

During 2023-25 the scale and scope of skill development for persons with disabilities expanded significantly, as evidenced by the training and placement of more than 100,000 persons across different sectors. Vocational training, digital literacy, and entrepreneurship education programs, the integration of public private sector partnerships with industry and training institutes, and the use of new technologies, including online and mobile applications, greatly enhanced access to flexible, distance learning for skills development.

C)Parliamentary and Audit Observations

From 2023-2025 audits identified major problems in the implementation of disability related schemes including poor stakeholder articulation of access features and inconsistent reporting of field data. These observations suggest that the monitoring and reporting frameworks in place do not ensure effective delivery of the schemes.

·   Standing Committee Remarks

The delays in the infrastructure changes in the education and public sectors, and the imposition of the delays in the auditing of access points, have been reported by the Committee on Social Justice and Empowerment. The Committee recommends that the imposition of these delays should have a greater emphasis on the provision of stricter time bounds, improved intra and interagency collaboration, and greater responsibility should be placed on the units that have the standards for access in the public domain.

·   Delays in Accessibility Audits

The persistence of these inadequate audits on the access of government buildings and other institutions have been documented in multiple sources for the years 2023-25. These gaps have obstructed the timely identification and removal of barriers that confront persons with disabilities.

Impact

·  Legal Impact

The RPwD Act of 2016 positioned India in the international arena as shifting the disability paradigm to a rights-based approach with the focus evolving from mere ‘welfare’ to ‘legal entitlement and protection.’ From Chief Commissioner for Persons with Disabilities v. Union of India to the National Centre for Promotion of Employment for Disabled People v. Union of India, the adjudication of the RPwD Act has brought a great degree of clarity on State accountability with respect to the provision of reasonable accommodation and active support measures in the labour market.

·  Social Impact

The RPwD Act has broadened societal recognition to include invisible disabilities such as intellectual, developmental, and psychosocial impairments, which were previously marginalised or overlooked. This expanded definition has contributed to greater public and institutional awareness, resulting in targeted awareness campaigns, sensitization programs, and inclusive policy initiatives led by government and civil society. These developments contribute to dismantling stigma and fostering social integration, reflecting a more comprehensive understanding of disability within Indian society

·  Governance Impact

The RPwD Act has ‘panelled’ the operationalization of disability rights by recognizing the Department of Empowerment of Persons with Disabilities (DEPwD) and the State Commissioners for Persons with Disabilities, who handle the monitoring of the implementation of disability rights and the redressal of grievances. Governance reforms include enhanced inter-ministerial coordination involving education, labour, social justice, and health ministries to mainstream disability considerations across policy areas.

Emerging Issues

Emerging issues facing PwDs in India stem from gaps in the implementation of the RPwD Act 2016. Data shows that despite the allocation of 1275 Crore to the DEPwD for 2025-26, the implementation continues to show uneven progress.

• Inconsistent State Implementation: By 2019, 23 out of 35 states had Advisory Boards. 2025 CAB meetings address the delays in Northern Eastern and rural areas for district committees.

• Certificate Delays: 61.7% of PwDs are without resources because of the delays. Even with over 5.5 million cards issued, there are still backlogs on UDID.

• Weak Monitoring: SIPDA funding drops (240 Crore in 2022-23 to 115 Crore in 2025-26) defies SC orders on accessibility.

 • Lack of digital accessibility: Government sites actively ignore PwDs, and the digital economy push neglects them.

• Poor Utilisation of Funds: Actual allocations of 1142 Crore in 2023-24 are 7% lower than the BE of 1225 Crore for 2024-25. Underperformance of grassroots initiatives. 

Table 1. PwD Dropout Trends:

[chart-2] UDISE+ 2023-24 data (Ministry of Education) shows PwD enrolment at 21 lakh (0.4% GER), but dropouts rise post-Class 8 due to accessibility barriers.

Way Forward

The Rights of Persons with Disabilities Act, 2016, represents a decisive shift in India’s disability governance from a welfare-oriented framework to a rights-based legal architecture aligned with the UN Convention on the Rights of Persons with Disabilities. The way forward focuses on translating statutory guarantees into lived accessibility and dignity for persons with disabilities.

When embedded within ethical safeguards, Artificial Intelligence has the potential to be revolutionary in disability detection, initial screening, and service delivery. AI solutions and UDID systems can help with the detection of certain types of disabilities through assistive diagnostics, which can be helpful in remote and underserved areas. However, there are some ethical frameworks that must be followed so that systems do not undermine the principles of fair and valid informed consent, data protection and the prevention of either exclusion or false classification of individuals.

There is also an urgent need for gender responsive disability policy. The intersection of disability with additional patriarchal structures, caregiving responsibilities, and the violence that women and girls with disabilities endure increases their vulnerability and makes the challenges that they face progressively more complex. Specific actions including, but not limited to, advocacy for the inclusion of women with disabilities in higher education and related scholarship programs, the provision of accessible hostel accommodations, the provision of reproductive and mental health services, and local self-help group associated livelihood programs, are critical to the enhancement of disability schemes.

Lastly, the development of infrastructure must go beyond merely providing visible cues that the built environment is accessible. The improvements that are visible as part of the Accessible India Campaign must continue to be made, however, anywhere that the standards of accessibility are applicable, they must be made to all public buildings, all forms of transportation, all education systems, and all methods of information and communication.

Stakeholder collaboration with universities, technical schools, and civil society organizations to enhance institutional capacity in alignment with regional and rural/tribal context is useful. campaigns in the community, including in schools, panchayats, frontline workers, and media, can help to change attitudes and increase the acceptance of invisible and psychosocial disabilities. A way to increase awareness is to change the focus of the conversation from charity to citizenship and entitlement. At a normative level, the future of disability governance must centre on dignity.

As Martha Nussbaum argues, “a society that fails to support the capabilities of persons with disabilities is not a fully just society.” This places the duty of the state not on merely giving assistance, but on creating the circumstances in which people can actually function, participate, and thrive as the equal citizens they are.

References

· Department of Empowerment of Persons with Disabilities (DEPwD), Government of India. Brief History. https://depwd.gov.in/en/brief-history/

·Khosla, R. et al. (2017). Disability and Development in India. National Center for Biotechnology Information (NCBI). https://pmc.ncbi.nlm.nih.gov/articles/PMC5419007/#ref2

· Department of Empowerment of Persons with Disabilities (DEPwD), Government of India. Scheme for Implementation of Persons with Disabilities Act (SIPDA). https://depwd.gov.in/en/sipda/

· Press Information Bureau (PIB), Government of India. Initiatives for Empowerment of Persons with Disabilities. https://www.pib.gov.in/newsite/printrelease.aspx?relid=155592&reg=3&lang=2

· Press Information Bureau (PIB), Government of India. Government Measures for Persons with Disabilities. https://www.pib.gov.in/PressReleasePage.aspx?PRID=2082717&reg=3&lang=2

· Press Information Bureau (PIB), Government of India. Inclusive Development and Disability Empowerment. https://www.pib.gov.in/PressReleseDetail.aspx?PRID=2212632&reg=6&lang=1

·Government of India. Expenditure Budget 1994–95. https://www.indiabudget.gov.in/doc/eb/sbe94.pdf

·Press Information Bureau (PIB), Government of India. Schemes and Outcomes for Persons with Disabilities. https://www.pib.gov.in/PressReleseDetail.aspx?PRID=2209488&reg=1&lang=1

· Press Information Bureau (PIB), Government of India. Policy Updates on Disability Inclusion. https://www.pib.gov.in/PressReleseDetailm.aspx?PRID=2197426&reg=3&lang=1

· Press Information Bureau (PIB), Government of India. Empowerment Initiatives for Persons with Disabilities. https://www.pib.gov.in/PressReleasePage.aspx?PRID=2085973&reg=3&lang=2

·Comptroller and Auditor General (CAG) of India. (2025). Performance Audit on School Education. https://cag.gov.in/webroot/uploads/download_audit_report/2025/Report_No_05_2025_PA_School_Education_English-069381708a8ee97.79293039.pdf

· Government of India. Annual Report on Disability Affairs. https://cdnbbsr.s3waas.gov.in/s3e58aea67b01fa747687f038dfde066f6/uploads/2024/02/20240213407194712.pdf

· Government of India. Policy and Programme Updates on Disability. https://cdnbbsr.s3waas.gov.in/s3e58aea67b01fa747687f038dfde066f6/uploads/2024/10/202410081461333375.pdf

· Department of Empowerment of Persons with Disabilities (DEPwD), Government of India. Annual Reports. https://depwd.gov.in/en/annual-report/

· Oxford Human Rights Hub. India’s Rights of Persons with Disabilities Act 2016: An Unfulfilled Promise. https://ohrh.law.ox.ac.uk/indias-rights-of-persons-with-disabilities-act-2016-an-unfulfilled-promise/

· Press Information Bureau (PIB), Government of India. Disability Inclusion Measures. https://www.pib.gov.in/PressReleasePage.aspx?PRID=2197426&reg=3&lang=1

· Drishti IAS. PwDs in India: From Margins to Mainstream. https://www.drishtiias.com/daily-updates/daily-news-editorials/pwds-in-india-from-margins-to-mainstream

· Times of India. (2025). Budget 2025 Expectations: A Call for Decisive Action for Disability Inclusion. https://timesofindia.indiatimes.com/business/india-business/budget-2025-expectations-a-call-for-decisive-action-for-disability-inclusion/articleshow/117774914.cms

· Change in Content. Disability Inclusion and Union Budget 2025. https://www.changeincontent.com/disability-inclusion-union-budget-2025/

· Drishti IAS. Enhancing PwD Inclusion in India.: https://www.drishtiias.com/daily-updates/daily-news-editorials/enhancing-pwd-inclusion-in-india

· International Journal for Multidisciplinary Research (IJFMR). (2026). Disability Policy and Inclusion in India. https://www.ijfmr.com/papers/2026/1/66539.pdf· Ministry of Education, Government of India. UDISE+ Portal. https://udiseplus.gov.in

About the Contributor

Prabhjot Dayal is a Research & Editorial Intern at IMPRI, Prabhjot is a postgraduate in Political Science from Panjab University, Chandigarh with a specialisation in Feminist Political Theory and State Politics. Her research and professional interests lie in public policy, gender justice, and inclusive governance, informed by her experience in student leadership, policy advocacy, and community engagement

Acknowledgment

The author extends sincere gratitude to the IMPRI team for their expert guidance and constructive feedback throughout the process.

Disclaimer

All views expressed in the article belong solely to the author and not necessarily to the organisation.

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