Implementation of RPWD, 2016 with emphasis on Accessibility

Swadhin Khatua | Centre for Rights of Differently-Abled (Symbiosis Law School, Hyderabad) | 6th November 2019

The RPWD Act, 2016 has some important provisions which will have a strengthening impact on inclusion for persons with disabilities. The new legislation recognizes that accessibility is a necessity and should be provided by the Government and it is a combined issue to be addressed  by different stakeholders across different government departments. The term accessibility appears 48 times in the specific legal document while dealing with various aspects like education, housing, etc. to bring infrastructural reforms. One of the most important development under this Act is that it mandatorily claims conformance as required by accessibility standards and recognizes the importance of reasonable accommodation and that it is crucial for supporting access in equitable manner and to create an accessible framework for India to move forward.

The new Act has made it clear that accessibility is a must and should include the private service providers or private establishments or the entire private sector within its domain for compliance with the Act. Where the previous Act required governments to make facilities accessible to the extent that it was possible within their economic limits, thus having provided an exit option for most state governments and  as a result an explanation or excuse for them to avoid compliance. The Act also elaborates the ambit of the definition of public buildings and public services beyond the normal dictionary definition as those which are used by the public at large, including those services and buildings which belong to private sector and also clarified that these institutions are not as merely those which are government owned.

A public building means “a Government or private building, used or accessed by the public at large, including a building used for educational or vocational purposes, workplace, commercial activities, public utilities, religious, cultural, leisure or recreational activities, medical or health services, law enforcement agencies, reformatories or judicial foras, railway stations or platforms, roadways bus stands or terminus, airports or waterway”.[1]

[1] Section 2(w), RPWD Act, 2016.