Mains Practice Questions

Introduction:

Empowerment of persons with disabilities (PwDs) is a core dimension of social justice, emphasizing equal rights, accessibility, and dignity over mere charity. 

• The SC in Amar Jain v. Union of India & Ors (2025) affirmed that inclusive digital access for PwDs is part of the fundamental right to life and liberty (A-21) and directed making the digital KYC process accessible, recognizing PwDs as rights-holders. 
• India’s framework, anchored in the RPwD Act, 2016, seeks to translate these principles into actionable measures.

Body :

• Achievements of the RPwD Act, 2016:
  • Expanded Definition and Legal Capacity: The Act increased the number of specified disabilities from 7 to 21, ensuring more individuals are covered. 
    • It also introduced "limited guardianship," promoting joint decision-making and respecting the autonomy of PwDs.
  • Affirmative Action: It mandates a 4% reservation in government jobs and 5% in higher education for persons with benchmark disabilities, providing institutional mechanisms for empowerment.
  • Protection against discrimination: The Act explicitly prohibits discrimination based on disability and mandates "reasonable accommodation" in public and private establishments, legally obligating entities to ensure inclusivity.
  • Dedicated funds and grievance redressal: The creation of National and State Funds institutionalizes financial assistance, moving beyond a charity model. Special courts are designated in each district to address violations of the Act, improving access to justice. 
    • The National Divyangjan Finance and Development Corporation (NDFDC) has been created to finance and promote the economic empowerment of Persons with Disabilities (PwDs).  
• Persistent implementation Gaps and Challenges:
  • Uneven Accessibility: Despite initiatives like the Accessible India Campaign, implementation is slow and inconsistent, with many public buildings and transport systems still lacking basic accessibility features. 
    • According to a 2018 government report, only 3% of buildings were fully accessible. 
  • Ineffective Enforcement of RPwD, Act 2016: Weak monitoring and enforcement mechanisms mean compliance is low. 
    • Many government websites remain inaccessible, particularly affecting acid attack survivors and visually impaired individuals. 
  • Economic Marginalization: Job reservation quotas often remain unfilled, and many private companies evade compliance. 
    • Pervasive social stigma, especially for women with disabilities, also limits employment prospects.
    • Government data indicates that only 36% of 26 million PwDs are employed.
  • Bureaucratic hurdles: The process of obtaining Unique Disability ID (UDID) cards is often slow and inefficient, hindering access to entitlements.  
    • Less than 40% of disabled persons in India have UDID.

“ENABLE” Framework for PwDs

• E – Enforcement of Laws:
  • Strict monitoring of the RPwD Act, 2016 with penalties for non-compliance.
  • Regular accessibility audits of public buildings, websites, and transport systems.
• N – Navigation-friendly Infrastructure:
  • Universal design in urban planning (ramps, tactile flooring, accessible toilets, signboards).
  • Expansion of Accessible India Campaign with time-bound targets.
• A – Awareness & Social Inclusion:
  • Mass campaigns to fight stigma, especially around women with disabilities.
  • Training media, schools, and workplaces for disability sensitivity.
• B – Building Economic Empowerment:
  • Fill backlog in job reservations; incentivize private firms for inclusive hiring.
  • Skill training in new-age sectors (IT, green economy, digital services).
• L – Leveraging Technology:
  • Accessible government portals, AI-driven assistive devices, and e-learning platforms.
  • Subsidies for screen readers, mobility aids, and customized tools.
• E – Efficient Governance & Delivery:
  • Streamline UDID process with digital tracking, grievance redressal, and doorstep services.
  • Strengthen institutional mechanisms like State Commissioners for PwDs.

Conclusion:

Inspired by Ambedkar’s vision of social democracy, India must move beyond charity to ensure dignity and accessible opportunities for PwDs. The Supreme Court’s 2024 Nipun Malhotra judgment further highlights that true inclusion demands both legal enforcement and cultural change.