The Rights of Persons with Disabilities Act, 2016.

(1) This Act may be called the Rights of Persons withDisabilities Act, 2016. (2) It shall come into force on such 1date as the Central Government may, by notification in theOfficial Gazette, appoint

In this Act, unless the context otherwise requires,-- (a) "appellate authority" means an authority notified under sub-section (3) of section 14 orsub-section (1) of section 53 or designated under sub-section (1) of section 59, as the case may be; (b) "appropriate Government" means,-- (i) in relation to the Central Government or any establishment wholly or substantiallyfinanced by that Government, or a Cantonment Board constituted under the Cantonments Act,2006 (41 of 2006), the Central Government; (ii) in relation to a State Government or any establishment, wholly or substantially financedby that Government, or any local authority, other than a Cantonment Board, the StateGovernment. (c) "barrier" means any factor including communicational, cultural, economic, environmental,institutional, political, social, attitudinal or structural factors which hampers the full and effectiveparticipation of persons with disabilities in society; (d) "care-giver" means any person including parents and other family Members who with orwithout payment provides care, support or assistance to a person with disability; (e) "certifying authority" means an authority designated under sub-section (1) of section 57; (f) "communication" includes means and formats of communication, languages, display of text,Braille, tactile communication, signs, large print, accessible multimedia, written, audio, video, visualdisplays, sign language, plain-language, human-reader, augmentative and alternative modes andaccessible information and communication technology; (g) "competent authority" means an authority appointed under section 49; (h) "discrimination" in relation to disability, means any distinction, exclusion, restriction on thebasis of disability which is the purpose or effect of impairing or nullifying the recognition, enjoymentor exercise on an equal basis with others of all human rights and fundamental freedoms in thepolitical, economic, social, cultural, civil or any other field and includes all forms of discriminationand denial of reasonable accommodation; (i) "establishment" includes a Government establishment and private establishment; (j) "Fund" means the National Fund constituted under section 86; (k) "Government establishment" means a corporation established by or under a Central Act orState Act or an authority or a body owned or controlled or aided by the Government or a localauthority or a Government company as defined in section 2 of the Companies Act, 2013 (18 of 2013)and includes a Department of the Government; (l) "high support" means an intensive support, physical, psychological and otherwise, which maybe required by a person with benchmark disability for daily activities, to take independent andinformed decision to access facilities and participating in all areas of life including education,employment, family and community life and treatment and therapy; (m) "inclusive education" means a system of education wherein students with and withoutdisability learn together and the system of teaching and learning is suitably adapted to meet thelearning needs of different types of students with disabilities; (n) "information and communication technology" includes all services and innovations relating toinformation and communication, including telecom services, web based services, electronic and printservices, digital and virtual services; (o) "institution" means an institution for the reception, care, protection, education, training,rehabilitation and any other activities for persons with disabilities; (p) "local authority" means a Municipality or a Panchayat, as defined in clause (e) and clause (f)of article 243P of the Constitution; a Cantonment Board constituted under the Cantonments Act, 2006(41 of 2006); and any other authority established under an Act of Parliament or a State Legislature toadminister the civic affairs; (q) "notification" means a notification published in the Official Gazette and the expression"notify" or "notified" shall be construed accordingly; (r) "person with benchmark disability" means a person with not less than forty per cent. of aspecified disability where specified disability has not been defined in measurable terms and includes aperson with disability where specified disability has been defined in measurable terms, as certified bythe certifying authority; (s) "person with disability" means a person with long term physical, mental, intellectual orsensory impairment which, in interaction with barriers, hinders his full and effective participation insociety equally with others; (t) "person with disability having high support needs" means a person with benchmark disabilitycertified under clause (a) of sub-section (2) of section 58 who needs high support; (u) "prescribed" means prescribed by rules made under this Act; (v) "private establishment" means a company, firm, cooperative or other society, associations,trust, agency, institution, organisation, union, factory or such other establishment as the appropriateGovernment may, by notification, specify; (w) "public building" means a Government or private building, used or accessed by the public atlarge, including a building used for educational or vocational purposes, workplace, commercialactivities, public utilities, religious, cultural, leisure or recreational activities, medical or healthservices, law enforcement agencies, reformatories or judicial foras, railway stations or platforms,roadways bus stands or terminus, airports or waterways; (x) "public facilities and services" includes all forms of delivery of services to the public at large,including housing, educational and vocational trainings, employment and career advancement,shopping or marketing, religious, cultural, leisure or recreational, medical, health and rehabilitation,banking, finance and insurance, communication, postal and information, access to justice, publicutilities, transportation; (y) "reasonable accommodation" means necessary and appropriate modification and adjustments,without imposing a disproportionate or undue burden in a particular case, to ensure to persons withdisabilities the enjoyment or exercise of rights equally with others; (z) "registered organisation" means an association of persons with disabilities or a disabledperson organisation, association of parents of persons with disabilities, association of persons withdisabilities and family members, or a voluntary or non-governmental or charitable organisation ortrust, society, or non-profit company working for the welfare of the persons with disabilities, dulyregistered under an Act of Parliament or a State Legislature; (za) "rehabilitation" refers to a process aimed at enabling persons with disabilities to attain andmaintain optimal, physical, sensory, intellectual, psychological environmental or social functionlevels; (zb) "Special Employment Exchange" means any office or place established and maintained bythe Government for the collection and furnishing of information, either by keeping of registers orotherwise, regarding (i) persons who seek to engage employees from amongst the persons with disabilities; (ii) persons with benchmark disability who seek employment; (iii) vacancies to which persons with benchmark disabilities seeking employment may beappointed; (zc) "specified disability" means the disabilities as specified in the Schedule; (zd) "transportation systems" includes road transport, rail transport, air transport, water transport,para transit systems for the last mile connectivity, road and street infrastructure, etc; (ze) "universal design" means the design of products, environments, programmes and services tobe usable by all people to the greatest extent possible, without the need for adaptation or specialiseddesign and shall apply to assistive devices including advanced technologies for particular group ofpersons with disabilities.

(1) The appropriate Government shall ensure that the personswith disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equallywith others. (2) The appropriate Government shall take steps to utilise the capacity of persons with disabilities byproviding appropriate environment. (3) No person with disability shall be discriminated on the ground of disability, unless it is shown thatthe impugned act or omission is a proportionate means of achieving a legitimate aim. (4) No person shall be deprived of his or her personal liberty only on the ground of disability. (5) The appropriate Government shall take necessary steps to ensure reasonable accommodation forpersons with disabilities.

(1) The appropriate Government and the localauthorities shall take measures to ensure that the women and children with disabilities enjoy their rightsequally with others. (2) The appropriate Government and local authorities shall ensure that all children with disabilitiesshall have right on an equal basis to freely express their views on all matters affecting them and providethem appropriate support keeping in view their age and disability.".

(1) The persons with disabilities shall have the right to live in the community. (2) The appropriate Government shall endeavour that the persons with disabilities are, (a) not obliged to live in any particular living arrangement; and (b) given access to a range of in-house, residential and other community support services,including personal assistance necessary to support living with due regard to age and gender.