Disability rights under the RPwD Act, 2016: what you can claim
The 21 disabilities, reasonable accommodation, 4% job and 5% seat quotas, how to get the UDID card, and where to complain when a school or employer says no.
In short
- The Rights of Persons with Disabilities Act, 2016 (RPwD Act) covers 21 conditions, from blindness and locomotor disability to autism, dyslexia, mental illness, thalassaemia and acid attack injuries.
- Everyone with a disability has a right to reasonable accommodation (a ramp, a scribe, extra time, accessible formats). Refusing it is discrimination.
- With a benchmark disability (40% or more, certified): 4% of government posts, 5% of seats in government and aided higher education, free schooling from 6 to 18.
- Get the UDID card online at swavlambancard.gov.in or through the district hospital; it is valid across India.
- Denied a right? Write to the organisation's Grievance Redressal Officer, then the State Commissioner for Persons with Disabilities. Free lawyer: 15100.
A student who cannot climb the stairs to the exam hall. A clerk refused promotion because she is blind. A man with a mental illness turned away from a bank. Under Indian law these are not bad luck; many are violations of rights. The RPwD Act treats persons with disabilities as citizens with rights and puts duties on the government, schools and employers. This guide explains what it gives you and how to use it.
Who the Act protects
The Act lists 21 "specified disabilities", physical, sensory, intellectual, learning and mental, as well as blood disorders such as thalassaemia and haemophilia (the full list is in the questions below).
Some rights belong to every person with a disability. Others, such as reservation and free education, belong to a person with benchmark disability: a specified disability of 40 per cent or more, certified by the medical authority Sec 2(r), RPwD Act.
Your main rights
- Equality and non-discrimination. The government must ensure equality, dignity and respect for integrity Sec 3, RPwD Act. No one may be discriminated against on the ground of disability unless the act is a proportionate means to a legitimate aim.
- Reasonable accommodation. Necessary and appropriate changes, without a disproportionate burden, so that you can take part on an equal basis: a scribe, extra time, a ramp, screen-reader software, a sign language interpreter. In Vikash Kumar v Union Public Service Commission (2021) the Supreme Court held that a candidate with writer's cramp was entitled to a scribe even though he was below the 40 per cent benchmark, because reasonable accommodation is part of equality itself.
- Inclusive education. Government and government-aided schools must admit children with disabilities without discrimination, make buildings and teaching accessible and provide support. Every child with a benchmark disability aged 6 to 18 has a right to free education in a neighbourhood or special school Sec 31, RPwD Act.
- Higher education. Government and aided institutions must reserve at least 5 per cent of seats for persons with benchmark disabilities, with a five-year age relaxation Sec 32, RPwD Act.
- Government jobs. At least 4 per cent of vacancies in every government establishment are reserved for persons with benchmark disabilities Sec 34, RPwD Act.
- No dismissal for acquiring a disability. A government establishment cannot dismiss, demote or deny promotion to an employee who acquires a disability during service. If the same job is no longer possible, they must be moved to another post on the same pay Sec 20, RPwD Act.
- Private employers. Every establishment, including private companies, must publish an equal opportunity policy; those with 20 or more employees must register it and appoint a Grievance Redressal Officer Secs 21, 23, RPwD Act.
- Accessibility. Buildings, transport and information services must follow the accessibility standards. In Rajive Raturi v Union of India (2024) the Supreme Court held that the standards must be binding minimum rules, not mere guidelines.
Step by step: certificate and UDID card
Almost every benefit starts with the disability certificate. The Unique Disability ID (UDID) card is the national version of it and is accepted across India.
- Apply online at the UDID portal, or at the district hospital or the office your state names. You will need a photo, identity and address proof, and any earlier medical papers.
- Medical assessment. You will be given a date at the government hospital. The medical board assesses the type and percentage of disability under the central guidelines Sec 58, RPwD Act.
- Download the card from the portal once approved. Certificates for permanent disabilities are normally issued without an expiry date; for conditions that change, a review date is set.
- Disagree with the percentage? You can appeal to the appellate medical authority your state has notified. Ask the hospital for the form and time limit.
Step by step: when a right is denied
- Ask in writing. Email or hand over a letter asking for the specific accommodation or benefit, quoting the RPwD Act. Keep a copy and note the date.
- Grievance Redressal Officer. Complain to the GRO of the establishment, who must register the complaint and act within the time the rules allow.
- State Commissioner for Persons with Disabilities Sec 80, RPwD Act, or the Chief Commissioner at the national level for central bodies. They can inquire, summon papers and recommend action. Many accept complaints by email.
- Police. Insulting or intimidating a person with a disability in public view, assaulting them, denying food or fluids to a dependent person, or sexually exploiting them is an offence under Sec 92, RPwD Act, punishable with six months to five years in prison. In an emergency call 112.
- Court. Offences are tried by the Special Court designated in each district Sec 84, RPwD Act. For a denial of rights you can also move the High Court. Call 15100 for a free legal aid lawyer; persons with disabilities qualify regardless of income.
Arjun, who has 60 per cent locomotor disability, was told by a private college that the chemistry lab was on the second floor "so he should choose another course". He wrote to the principal quoting the RPwD Act and asked for the class or the lab session to be held on the ground floor. When there was no reply in two weeks, he emailed the State Commissioner for Persons with Disabilities with his UDID card and the letter. The Commissioner's office issued notice to the college, which shifted the practical sessions and let him enrol.
Keep these ready
- Disability certificate or UDID card (and the percentage on it).
- Identity proof, address proof, photographs.
- Medical records and any earlier assessments.
- Your written request for accommodation and the reply, if any, with dates.
- For job claims: appointment letter, the vacancy notice and the roster showing reserved posts.
Do not assume you need 40 per cent disability to ask for a scribe, extra time or a ramp. Reasonable accommodation applies to every person with a disability; the 40 per cent benchmark is only for reservation and certain schemes. And always ask in writing: a verbal request is easy to deny later.
Where to go
- Certificate and UDID card: swavlambancard.gov.in; district hospital; district social welfare office.
- Inside the organisation: its Grievance Redressal Officer or equal opportunity cell.
- State Commissioner for Persons with Disabilities in your state capital; Chief Commissioner for central bodies (ccpd.nic.in).
- Schemes and policy: Department of Empowerment of Persons with Disabilities, depwd.gov.in; grievances at pgportal.gov.in.
- Crime or emergency: 112. Mental health support: Tele-MANAS 14416. Free lawyer: NALSA 15100.
Common questions
Which disabilities are covered by the RPwD Act?
Twenty-one specified disabilities, including locomotor disability, blindness and low vision, hearing impairment, speech and language disability, intellectual disability, specific learning disabilities, autism, mental illness, multiple sclerosis, Parkinson's disease, haemophilia, thalassaemia, sickle cell disease, acid attack injuries and multiple disabilities. The central government can add to the list.
How do I get a disability certificate or UDID card?
Apply on the UDID portal (swavlambancard.gov.in) or at your district hospital with a photo, identity and address proof and medical papers. A government medical board assesses you and fixes the percentage. The card can then be downloaded and is valid across India. If you disagree with the assessment, appeal to the appellate authority your state has notified.
Can a private company refuse to hire me because of my disability?
The 4 per cent reservation applies to government establishments, but the duty not to discriminate and to provide reasonable accommodation applies to private establishments too. Every private establishment must have an equal opportunity policy and, if it has 20 or more employees, a Grievance Redressal Officer. Complain to the GRO, then to the State Commissioner.
Can I be removed from my government job if I become disabled?
No. Under Sec 20, RPwD Act a government establishment cannot dismiss or demote an employee who acquires a disability during service. If you cannot continue in the same post, you must be shifted to a suitable post on the same pay, or kept on a supernumerary post until one is available.
Is mental illness a disability under the Act?
Yes. Mental illness is one of the specified disabilities, so a person with a certified mental illness has the same rights to non-discrimination, accommodation and, at 40 per cent or more, to reservation. The Mental Healthcare Act, 2017 adds rights in treatment and admission. Tele-MANAS (14416) offers free counselling.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
