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Key Highlights of the Code
1. Fundamental Rights & Non-Discrimination
Equality and Dignity: The Act guarantees PWDs the right to be respected for their individual dignity and to lead a decent life without discrimination.
Equality Before Law: PWDs have the same legal capacity as others. If support is needed to exercise these rights, it must be provided free of cost.
Right to Privacy: PWDs have the right to privacy in all living arrangements (homes, hostels, or rehabilitation centers) and protection from arbitrary interference.
Protection of Vulnerable Groups: The government is mandated to take “extraordinary steps” to protect women, children, senior citizens, and transgender persons with disabilities.
2. Accessibility & Mobility
Physical Infrastructure: All public buildings, hospitals, parks, and roads must be modified to ensure ease of access. New constructions must conform to accessibility standards developed by the Council.
Transport: The Act mandates special seats in all means of public transport and exclusive parking spaces.
Information Access: The government must ensure PWDs have access to all forms of mass communication, including information technology and accessible websites.
3. Education & Employment
Equity in Education: The government must provide free pre-primary to higher education. No PWD can be denied admission based on their disability.
Inclusive Education: Schools must be equipped with trained teachers and assistive technology to support students with moderate to severe disabilities.
Employment Quotas: A minimum employment quota (currently set at 1%) is reserved for registered PWDs in government departments.
Private Sector Incentives: The government will provide incentives to private enterprises that employ PWDs and develop long-term inclusion plans.
Non-Compliance Penalty: Any establishment that does not meet the employment quota must pay a monthly sum into the “ICT Disability Fund.”
4. Health & Rehabilitation
Barrier-Free Healthcare: PWDs are entitled to free access to public health services. The Council will also devise special health insurance plans.
Independent Living: The government must provide facilities and support services (including quality mobility aids and assistive devices at affordable costs) to enable PWDs to live independently in the community.
5. Justice & Safety
Access to Justice: The government must provide sign language interpreters and attendants to ensure PWDs can navigate the legal system.
Special Disability Courts: Special courts will be designated for the speedy trial of cases involving PWDs.
Protection from Abuse: The Act provides strict protections against violence, abuse, and exploitation. Victims are entitled to legal aid and safe housing at public expense.
Disaster Priority: In situations of risk, natural disasters, or armed conflict, PWDs must be given top priority for protection, safety, and removal to secure areas.
6. Institutional Framework
The Council: The Act reconstitutes the “Council on Rights of Persons with Disabilities” as the executive authority to implement the law. It includes government officials, PWD representatives, and experts.
ICT Disability Fund: A non-lapsable fund is established to finance rehabilitation projects, sustainable activities, and the welfare of PWDs.
Registration: A formal registry will be maintained to assess the functional disability and aptitude of individuals to help them find suitable work or rehabilitation.
7. Political & Social Participation
Voting Rights: The Election Commission must ensure all polling stations are accessible and provide “braille voting papers” or other assistive mechanisms.
Recreation and Sports: PWDs have the right to participate in sports, cultural activities, and recreational events. Accessible formats for cultural materials must be provided.