A plain-English guide to the Rights of Persons with Disabilities Act, 2016: what it demands of your organisation as an employer, as a service provider, and as an advocate.
Section 01
From charity to rights, and why NGOs are covered
The RPwD Act, 2016 replaced the 1995 disability law to bring India in line with the UN Convention on the Rights of Persons with Disabilities. Its central idea is that disability arises when an impairment meets a barrier that society has built, whether of attitude, of the physical environment or of information. Rights, accessibility, and reasonable accommodation replace charity as the organising ideas.
Two things make it directly binding on social-sector organisations. First, the Act defines "establishment" to include private establishments, which covers a company, firm, society, trust, institution or other organisation, so an NGO has employer duties. Second, most development programmes are exactly the services (education, health, livelihoods, relief) where the Act demands non-discrimination and accessibility. An inaccessible training venue or an application form that screens out blind candidates is a barrier of the kind the Act exists to remove, and refusing to accommodate it can amount to discrimination under section 2(h).
Section 05
Gray areas practitioners argue about
How much accommodation is "disproportionate burden"?
The Act limits accommodation to what does not impose a "disproportionate or undue burden in a particular case", and it gives no rupee figure for that. For a small NGO, a sign-language interpreter for every event may be disproportionate; refusing a screen-reader-compatible PDF is unlikely to be. Document the analysis when you decline an accommodation: cost, alternatives considered, and what you offered instead.
Invisible and psychosocial disabilities
Mental illness, learning disabilities, and chronic blood disorders are specified disabilities, but an employee may not want to disclose one, and not every employee holds a certificate. Some specified disabilities are not visible. The duty to accommodate does not wait for a certificate. It arises from the person's need, and the Supreme Court held in Vikash Kumar v. UPSC (11 February 2021) that it is not limited to persons with benchmark disability.
Certification and UDID friction
Rights keyed to "benchmark disability" depend on a certificate from a certifying authority (sections 2(r) and 58), and a person with a disability may not hold one or a UDID card. A programme that requires a certificate for participation can exclude people who have none. One approach is to accept self-identification for participation and to support certification where an entitlement depends on it.
Old buildings, rented offices, field venues
Section 45 requires existing public buildings to be made accessible within five years of the notification of the accessibility rules. Section 2(w) defines a public building to include a private building used or accessed by the public at large, workplaces among them, so a rented office or a panchayat bhavan training venue can be one. The five years run from notification of the rules, and the Supreme Court's 2024 judgment directed the Union to prescribe mandatory rules. A sensible approach is to treat venue selection as your own decision and to reduce the barriers in premises you inherit.
Judgments that shaped this law
The judgments below are the ones that changed what this law requires in practice. Summaries are editorial orientation, not legal advice; the linked judgment is what is authoritative.
Rajive Raturi v. Union of India (accessibility standards)
Supreme Court of India · 8 November, 2024 · still good law
Held. On 8 November 2024 the Court held that several of the guidelines in Rule 15 of the Rights of Persons with Disabilities Rules 2017 are recommendatory guidelines under the garb of mandatory rules, and that Rule 15(1) is ultra vires the scheme and legislative intent of the 2016 Act, which creates a mechanism for mandatory compliance. It directed the Union to delineate mandatory rules, as required by section 40, within three months, while progressive compliance with the standards in the existing Rule 15(1) continues, and adjourned the petitions to 7 March 2025 for a report on compliance.
What changed. Until the Union prescribes mandatory rules, compliance with the standards in the existing Rule 15(1) continues progressively. Once mandatory rules are prescribed, the Court directed the Union, States and Union Territories to implement the consequences in sections 44, 45, 46 and 89 of the 2016 Act for non-compliance, including holding back completion certificates and imposing fines. This entry stops at the judgment of 8 November 2024. Whether mandatory rules have since been notified is not confirmed here, so check the current orders and the Gazette.
Read the judgment
State of Kerala v. Leesamma Joseph
Supreme Court of India · 28 June, 2021 · still good law
Held. Under the Persons with Disabilities Act 1995, a person with benchmark disability is entitled to be considered for reservation in promotion in posts identified for persons with disabilities, even where the service rules provide no such reservation and even where the employee did not enter service through the disability quota. The Court dismissed Kerala's appeal and directed the State to identify the posts and provide reservation in promotion within three months.
What changed. The route of entry into service does not decide eligibility. What counts is that the employee has the disability when promotion is considered. The Court noted that the Rights of Persons with Disabilities Act 2016 now deals with reservation in promotion.
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Vikash Kumar v. Union Public Service Commission
Supreme Court of India · 11 February, 2021 · still good law
Held. The Court held that the appellant, who has writer's cramp, a chronic neurological condition listed in the Schedule to the Rights of Persons with Disabilities Act 2016 but below the 40% benchmark, is entitled to a scribe for the Civil Services Examination and any other competitive selection conducted under government authority. It held that reasonable accommodation is an individualised duty and that a person should not be expected to be 'disabled enough' to claim it. It directed the Ministry of Social Justice and Empowerment to frame scribe guidelines in consultation with persons with disabilities within three months.
What changed. A candidate with a specified disability under Section 2(s) of the 2016 Act who falls short of benchmark disability can claim a scribe for the Civil Services Examination and other competitive selections under government authority. The Ministry of Social Justice and Empowerment issued Office Memorandum F.No.29-6/2019-DD-III on 10 August 2022. In Gulshan Kumar v Institute of Banking Personnel Selection (3 February 2025, 2025 INSC 142) the Court directed the Ministry to revisit that memorandum, remove the restrictions and re-notify it within two months, so that scribe and compensatory time reach all candidates with disabilities.
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Disabled Rights Group v. Union of India
Supreme Court of India · 15 December, 2017 · still good law
Held. On 15 December 2017 the Supreme Court directed that every higher education institution covered by Section 32 of the Rights of Persons with Disabilities Act, 2016, which reserves not less than five per cent of seats for persons with benchmark disabilities, must comply with it in admissions each year. Each such institution must submit to the Chief Commissioner or State Commissioner a list of the disabled persons admitted in each course every year. Law colleges must also inform the Bar Council of India, other institutions must notify compliance to the UGC each year, and the UGC was to constitute a committee on accessibility and pedagogy and complete the exercise by 30 June 2018.
What changed. The Chief Commissioner and the State Commissioners must enquire whether covered institutions have met the Section 32 quota. The Court said appropriate consequential action under Section 89 of the 2016 Act and other provisions shall be initiated against defaulting institutions.
Read the judgment
Rajive Raturi v. Union of India
Supreme Court of India · 15 December, 2017 · still good law
Held. On 15 December 2017 the Supreme Court gave eleven directions on accessibility under the Rights of Persons with Disabilities Act, 2016 and listed the matter for directions after three months, so the petition was not disposed of. The directions include a time frame of August 2018 for Central Government buildings, retrofitting of identified buildings in the national and State capitals by December 2018, and constitution of Central and State Advisory Boards by all States and Union Territories within three months. For railways, Government buses, websites and public documents, and sign language interpreters, the Union or the competent authority was to file an assessment, plan or affidavit within three months stating the dates by which the work could be done.
What changed. On 8 November 2024, in the same writ petition, a three-judge bench held Rule 15(1) of the Rights of Persons with Disabilities Rules, 2017 ultra vires the Act and directed the Union Government to delineate mandatory rules as required by Section 40 within three months. It adjourned the petitions to 7 March 2025 for the Union to report compliance. An organisation seeking accessible premises can cite both the 2017 timelines and the 2024 direction.
Read the judgment
Jeeja Ghosh v. Union of India
Supreme Court of India · 12 May, 2016 · still good law
Held. On 12 May 2016 the Supreme Court held that SpiceJet's decision to de-board Jeeja Ghosh, a passenger with cerebral palsy, without interacting with her or summoning a doctor violated Rule 133-A of the Aircraft Rules, 1937, the DGCA's CAR 2008 guidelines and her human dignity. It awarded her Rs 10,00,000 as damages, payable by SpiceJet within two months, and directed the DGCA and the Government to consider within three months the listed aspects, and any others that deserve attention, for incorporation in the civil aviation requirements.
What changed. An airline that de-boards a passenger with a disability without interacting with the passenger or taking medical advice risks breaching Rule 133-A of the Aircraft Rules and the DGCA guidelines, and the Court held that a private airline can be made to pay damages for violating the passenger's dignity. The Disabilities Act, 1995 that the Court applied was later repealed and replaced by the Rights of Persons with Disabilities Act, 2016.
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Suchita Srivastava v. Chandigarh Administration
Supreme Court of India · 28 August, 2009 · still good law
Held. A three-judge bench held that a woman's right to make reproductive choices is a dimension of personal liberty under Article 21. It set aside a High Court direction to terminate the pregnancy of an adult orphaned woman with mild mental retardation (the judgment's term) who had expressed willingness to bear a child, holding that the Medical Termination of Pregnancy Act, 1971 requires her consent and that the State's guardianship could not be mechanically extended to decide termination.
What changed. For an adult woman with intellectual disability, termination of pregnancy needs her own consent, because the Act's exception for guardian consent covers minors and persons with mental illness, which the Court distinguished from mental retardation. A State or institution acting as guardian cannot treat its guardianship as consent to termination. Check the current text of the Act, which this judgment applied as it stood in 2009.
Read the judgment
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