1.3 Definition, Categories (Benchmark Disabilities) & Legal Provisions for PWDs in India

 

1. Definition of Persons with Disabilities (PWDs)

Under the Rights of Persons with Disabilities (RPWD) Act, 2016, a Person with Disability (PWD) is defined as:
"A person with long-term physical, mental, intellectual, or sensory impairment which, in interaction with barriers, hinders their full and effective participation in society equally with others."

Additionally, Benchmark Disability refers to a condition where the disability is 40% or more, as certified by a competent medical authority.

2. Categories of Disabilities (Benchmark Disabilities)

The RPWD Act, 2016 recognizes 21 types of disabilities under three broad categories:

A. Physical Disabilie

1. • Locomotor Disability (impairment of movement)

   • Leprosy Cured Persons

   • Cerebral Palsy

   • Dwarfism

   • Muscular Dystrophy

   • Acid Attack Victims

2. Visual Impairment

   • Blindness

   • Low Vision

3. Hearing Impairment

   • Deaf

   • Hard of Hearing

4. Speech and Language Disability

B. Intellectual and Developmental Disabilities

5. Specific Learning Disabilities (SLD)

6. Autism Spectrum Disorder (ASD)

7. Intellectual Disability

C. Mental and Psychological Disabilities

8. Mental Illness (schizophrenia, depression, etc.)

D. Blood Disorders

9. Thalassemia

10. Hemophilia

11. Sickle Cell Disease

E. Multiple Disabilities & Others

12. Multiple Sclerosis

13. Parkinson’s Disease

14. Chronic Neurological Conditions

15. Multiple Disabilities (more than one disability)

16. Deafblindness

3. Legal Provisions for Persons with Disabilities in India

Several laws and policies protect the rights of PWDs in India, with the RPWD Act, 2016 being the most comprehensive.

A. Rights and Entitlements under RPWD Act, 2016

1. Education & Employment:

   • 4% reservation in government jobs for PWDs.

   • 5% reservation in higher education institutions.

   • Inclusive education policies in schools and universities.

2. Accessibility:

   • Barrier-free access to public spaces, transport, and digital services.

   • Implementation of Universal Design principles in buildings.

3. Social Security & Benefits:

   • Monthly disability pensions under schemes like Indira Gandhi National Disability Pension Scheme (IGNDPS).

   • Assistive devices and aids provided under ADIP (Assistance to Disabled Persons) Scheme.

4. Legal Safeguards & Protection:

   • Prohibition of discrimination in employment, education, and social inclusion.

   • Special legal guardianship for persons with severe disabilities.

B. Other Important Laws Supporting PWDs

1. The Mental Healthcare Act, 2017 – Protects rights of persons with mental illness.

2. The National Trust Act, 1999 – Provides guardianship and welfare measures.

3. The Rehabilitation Council of India Act, 1992 – Regulates rehabilitation professionals.

4. The Right to Education (RTE) Act, 2009 – Ensures free education for children with disabilities.