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Divyangjan: Ensuring Accessible Justice

Ensuring Dignity and Inclusion for Persons with Disabilities (7-10% estimated pop).

Cue WordsNotes
What is the paradigm shift in disability inclusion and barrier-free targets under the 12th Five-Year Plan?
  • 12th FYP: Disability Inclusion & Barrier-Free Targets (Source: 12th FYP Vol. III / Latest Stats: RPWD Progress Report)
  • The 12th Plan shifted the focus from a "Charity-based Model" to a "Rights-based Model".
What progress indicators and institutional changes were initiated for PWDs under the 12th Plan?
  • 12th Plan Progress Indicators:

  • Access Audit: Negligible → All Govt Buildings → Sugamya Bharat saturation
  • Education Quota: 3% → Ensure 3%+ → 5% (RPWD Act 2016)
  • National Policy: 2006 Policy → New Rights-based Policy → RPWD Act 2016 enacted
  • UDID Foundation: Central Database → 1.05 Cr+ cards issued
  • Key Institutional Transitions:

    1. Access Audit: The 12th Plan for the first time mandated that 100% of government buildings must undergo an "Access Audit," which directly became the blueprint for Sugamya Bharat Abhiyan.
    2. Mental Health Infrastructure: Target to establish State Institutes of Mental Health (SIMH) in all major states to bridge the geriatric and psychiatric care gap.
    3. Institutional Shift: Recommendation to move the "Department of Disability Affairs" from a minor wing to a major specialized department (achieved in 2012).

    Key Takeaway: The 12th Plan’s most radical proposal was making 'Universal Design' a prerequisite for all public transport and building projects. It argued that disability is not a medical condition but a result of 'Disabling Environments' that we create.

What core provisions under the RPWD Act 2016 and Sugamya Bharat Abhiyan promote accessibility? (Enforcement: Special Courts/Prosecutors in every district try offenses against PwDs.)
  • RPWD Act 2016: expanded from 7 to 21 categories (includes Acid attack, Parkinson’s).
  • Accessibility: Sugamya Bharat Abhiyan (Accessible India) for transport and digital.
  • Reservation: 4% for govt jobs and 5% for higher education (RPWD Act 2016).
  • UDID Project: Unique Disability ID for cross-country validity and streamlined benefits.
What are the mandates of the National Trust Act 1999 and the Rehabilitation Council of India Act 1992?
  • National Trust Act 1999: Statutory body for welfare of persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities.
  • Guardianship: Local Level Committees (chaired by DM) appoint "Legal Guardians" for those unable to care for themselves; promotes independent/community-based living.
  • Key Programs: NIRMAYA (health insurance up to ₹1 Lakh), DISHA (early intervention, 0–10 yrs), VIKAAS (day-care & vocational training).
  • RPwD Act Alignment: National Trust's 4 disabilities now operate under the broader RPwD Act 2016 (21 categories) umbrella, shifting from "Custodial care" to "Empowered inclusion."
  • RCI Act 1992: Regulates training/curricula of rehabilitation professionals (Special Educators, Audiologists); maintains the Central Rehabilitation Register (CRR) — practice without CRR registration is prohibited (anti-quackery).
Summarize the core premise and key phrases for disability empowerment. - Success lies in moving from "Sympathy" to "Empathy-Saturated & Barrier-Free-Verified Social Saturation."

Mains Keywords

RPWD 2016; Sugamya Bharat; UDID; 5% Education Quota; Barrier-Free Environment; Empathy-Saturated.

- Persons with haemophilia are reportedly denied reservation benefits, educational support, and welfare entitlements despite serious mobility limitations and recurrent hospitalisations. - Haemophilia, thalassaemia, and sickle cell disease are listed among the 21 specified disabilities under the RPwD Act, 2016, but entitlements (5% reservation in higher education, 4% in government employment, free education 6-18 years) are limited to persons with benchmark disabilities (40% or more). - The Persons with Disabilities Act, 1995 followed Indias signing of the Proclamation on Full Participation and Equality of People with Disabilities in Asia-Pacific; it was replaced by the RPwD Act, 2016 after India ratified the UNCRPD in 2007. - Under RPwD Act provisions, 4% reservation in government jobs applies to only five disability categories, with visible disabilities receiving priority over invisible but disabling conditions like haemophilia. - International Day of Persons with Disabilities (December 3) was first observed in 1992 per UNGA Resolution 47/3; theme for 2025 is fostering disability-inclusive societies for advancing social progress, reaffirming commitments from the Second World Summit for Social Development. - Thalassaemia is recognized as a specified disability under the RPwD Act, 2016, and is treated under Group 1 of the National Policy for Rare Diseases (NPRD) 2021, providing financial support up to Rs 50 lakh for one-time curable treatment like bone marrow transplant. - Draft DPDP Act 2023 rules requiring parental consent for minors' online activity (e.g. social media accounts) also extended the same restriction to persons with disabilities, drawing concern from disability rights groups. - The RPwD Act 2016 obligates governments to ensure accessible services for persons with disabilities; new national guidelines on prisoners with disabilities called for accessible infrastructure, even though prisons remain a State subject guided by the Union's model prison manual. - The Centre's 2024 revised RPWD guidelines excluded Sickle Cell Disease from the 4% disability reservation quota, which currently covers vision loss, hearing impairment, and locomotor/intellectual disabilities above a 40% disability threshold, drawing criticism for excluding episodic invisible disabilities. - SC asked the Centre to clarify whether meritorious PwDs who qualify in the unreserved category are moved up, to stop them occupying reserved seats and denying opportunities to other PwDs, as required under Section 34 of the RPwD Act 2016. - RPwD Act 2016 provides 4% reservation for persons with benchmark disabilities (over 40%), with 1% earmarked for specific disability categories within that quota.