Information Sharing

Right of Person with Disability Act, 2016 and Rules 2017

(In place of erstwhile “Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995”)

“India’s new law on disability now applicable to Private Sector”

Right of Person with Disability Act, 2016 and Rules 2017
Back ground:

 The new Disability Law gives effect to the principles of the United Nations Convention on the
Rights of Persons with Disabilities.

 The Disability Law inter alia seeks to protect disabled persons from various forms of :
(i) discrimination,
(ii) Increases measures for effective participation,
(iii) inclusion in the society, and
(iv) ensures equality of opportunity adequate accessibility.

The Rights of Persons with Disabilities

The Rights of Persons with Disability
Act, 2016 (Act), law on disability, was
Rules, 2017 (Rules) were notified on
brought into effect on
15th June 2017.
19th April 2017.

 Though the Act or the Rules do not require private establishments to mandatorily appoint
Persons with Disabilities (PwD), there are certain obligations imposed on private
establishments, that are briefly described in this update.
Right of Person with Disability Act, 2016 and Rules 2017
Meaning of Person with Disability
The definition of ‘person with disability’ under the Disabilities Act, 2016 is an inclusive definition as opposed to
the exhaustive definition provided under the Disabilities Act, 1995 and includes 21 types of disabilities as
‘specified disabilities’. The Disabilities Act, 1995 covered only 7 types of disabilities.
(2) Intellectual disability
(1) Physical disability specific learning disabilities
A. Locomotor disability autism spectrum disorder
a. leprosy cured person
b. cerebral palsy
c. Dwarfism
d. muscular dystrophy
21
e. acid attack victims
B. Visual impairment
Disabilities (3) Mental behavior
a. mental illness
a. Blindness
b. low-vision
covered
C. Hearing impairment
a. Deaf
b. hard of hearing (5) Disability caused due to
D. speech and language disability a. chronic neurological conditions
2. Intellectual disability (i) multiple sclerosis
(ii) Parkinson's disease
b. Blood disorder
(4) Multiple Disabilities (more than one (i) Hemophilia
of the above specified disabilities) (ii) Thalassemia
(iii) sickle cell disease

 Any other category as may be notified by the Central Government

Right of Person with Disability Act, 2016 and Rules 2017
Compliances :
All establishments (including in the private sector) are required to follow as:

(1) Formulate an Equal Opportunity Policy:

The company to define its Policy and amenities to be provided to PwD

(2) Policy Registration:

With the Chief Commissioner or the State Commissioner, as the case may be.

(3) Identify Post /job for PwD: Although the Disability Law does not mandate reservation of the disabled in the
private sector, private employers are required to identify posts/vacancies in the establishment that would be
suitable for disabled persons and include details of the same in the Equal Opportunity Policy of the
establishment12.
Further, private establishments receiving incentives from the appropriate government may need to ensure that at
least 5% of their work force is comprised of persons having benchmark disabilities13.

(4) Publication of Policy:

The Company should display the Policy on it official website and office premises.

(5) Appointing a liaison officer: To supervise recruitment of PwD and provision of requisite facilities if the
establishment has 20 or more employees. The details of the liaison officer should be included in the policy as
well.

 Details continue in next slides.

Right of Person with Disability Act, 2016 and Rules 2017
Compliances :
All establishments (including in the private sector) are required to follow as:

(6) Maintain Records: Maintain containing details around the number of PwD employed, their date of joining,
names, gender and addresses, nature of their disabilities, nature of work performed by them, and the facilities
provided to them.

(7) No discrimination: (establish on record)

The head of the establishment shall ensure that no disabled person is discriminated because of his/her disability,
except in cases where such act/omission is a proportionate means of achieving a legitimate aim.

(8) Review of existing Hiring Policy/Practices: (establish on record)

All cases where it is specifically mentioned in writing (Letter of appointment) that only mentally sound and fits
healthy are allowed to be recruited and employed need to reviewed legally once again in line with this law which
prohibits discrimination on the basis of disability.

(9) Office Accessibility norms Review: All establishment need to ensure that building structure and physical
environment, transport and information communication technology meet with the accessibility norms as defined by
the authority. No completion certificate will be issued unless infrastructure meets accessibility norms.
(Meet accessibility norms within 5 years)-
Examples:
Ramp Access
Accessible Toilets
Accessible Transport system
Accessible signages
Accessible entrance etc.,

 Date of applicability is need to be studied.

Right of Person with Disability Act, 2016 and Rules 2017
Penalty
if a person fails to comply with the new Act, the person can be fined up to INR 10,000 for the first
time, and between INR 50,000 and INR five lakhs for subsequent failures.

Speedy Trial
For ensuring speedy trial, special courts* are to be constituted in each district to handle cases
concerning violation of rights of persons with disabilities. (*Not notified yet)

 Some queries for discussion.

Right of Person with Disability Act, 2016 and Rules 2017

Views requested:

1. Date of applicability?
2. Do we need to review our HR Policy Practice, Letter of appointment?
3. What would be contents of Equal opportunity Policy?
4. About modification of building infrastructure (meeting accessibility norms)?
5. If Honda’s existing Philosophy already covers equal opportunity clause, and no need for
separate policy?
6. Do we have right to terminate the employee on the ground he become disabled?

 Open for discussion and way a head.

Thank you