Disability Act sets 40 percent threshold for benchmark disability status

It matters to citizens as it establishes the legal framework for the rights, non-discrimination, and entitlements of persons with disabilities in India.

Who it concerns: Persons with disabilities, their care-givers, registered organizations working for their welfare, the Central and State Governments, local authorities, and private establishments.

What the document says

• The Act aims to give effect to the United Nations Convention on the Rights of Persons with Disabilities.
• It defines 'person with disability' as a person with long-term physical, mental, intellectual, or sensory impairment that hinders full and effective participation in society.
• It mandates that no person with disability shall be discriminated against on the ground of disability unless the act is a proportionate means of achieving a legitimate aim.
• It prohibits the deprivation of personal liberty solely on the ground of disability.
• It requires the appropriate Government to ensure reasonable accommodation for persons with disabilities.
• It grants persons with disabilities the right to live in the community and access support services.
• It protects persons with disabilities from torture, cruel, inhuman, or degrading treatment, and from research without free and informed consent and prior permission from a designated Committee.
• It mandates measures to protect persons with disabilities from abuse, violence, and exploitation, including legal remedies and rescue procedures.

Also in the document

• The Act was published in the Gazette of India Extraordinary on December 28, 2016.
• India ratified the UN Convention on the Rights of Persons with Disabilities on October 1, 2007.
• The Act defines 'benchmark disability' as a disability of not less than forty percent.
• The Act includes definitions for 'inclusive education,' 'universal design,' and 'reasonable accommodation.'
• The Act specifies that the Central Government or State Government (appropriate Government) is responsible for implementation depending on the establishment involved.