New rules of Rights of Persons with Disabilities (RPwD) 2024 notified

1. On October 22, 2024, the Union Ministry of Social Justice and Empowerment notified the amended Rights of Persons with Disabilities (RPwD) Rules, 2024 under Rights of Persons with Disabilities Act, 2016 that make it harder to get a disability certificate.
2. National Platform for the Rights of the Disabled (NPRD), a cross-disability rights organization, called for a rollback.
   1. They argue that the new rules make it harder and more complicated to obtain disability certificates.

Concerns from NPRD:

1. The NPRD said the new rules are “regressive” and will create more problems for people with disabilities who need certificates for identification and access to services.
2. NPRD has expressed strong opposition, stating that the new rules make it more difficult for genuine individuals with disabilities to obtain necessary certificates for identification and accessing services.
3. They believe that the updated rules will not resolve the systemic issues exposed by the Khedkar case, which highlighted problems like a lack of accountability and transparency.

Background of the Changes:

1. A draft of the rules was issued in July by the Department of Empowerment of Persons with Disabilities (DePwD), part of the Ministry of Social Justice and allowed a month for public feedback.
2. The final rules were published in an Extraordinary Gazette on October 22.
3. These new rules were influenced by the controversy surrounding Puja Khedkar, an IAS trainee who was dismissed for allegedly faking her disability certificate.

Key Changes in the New Rules

1. Required Documents: Individuals must now provide proof of identity, a recent photo (not older than six months), and an Aadhaar card when applying for a disability certificate.
2. Only Medical Authorities: Only approved medical authorities can handle applications for disability certificates.
   • NPRD suggested that experts from non-profits should also be allowed to conduct assessments.
3. Introduction of color-coded Unique Disability Identity (UDID) cards:
   • White: Disability below 40%.
   • Yellow: Disability between 40% and 80%.
   • Blue: Disability of 80% or above.
4. Longer Processing Time: The time to process each application has increased from one month to three months.
5. Application Expiry: If a medical authority does not decide on an application within two years, the application will expire, and the person will need to reapply or request reactivation.

Specific Issues with the New Rules

1. Online Applications Required: The new regulations mandate that applications for disability certificates be submitted online.
   • NPRD noted that many individuals lack access to the internet or smartphones, creating a barrier.
2. Use of Technical Language: During the online application process, applicants must specify their disabilities using technical terms, which many may not understand.
3. Extended Time Limit: The time limit for issuing certificates has been increased from one month to three months, which NPRD views as unnecessary.
4. Reapplication After Two Years: If no action is taken on an application for two years, the individual must reapply, which NPRD argues unfairly punishes those affected by the system’s delays.

Government Response:

1. The government stated that its goal is to streamline the process of obtaining disability certificates.
2. Officials acknowledged that there might be misconceptions but insisted they are trying to simplify the system based on data showing that it typically takes three months to issue certificates.
3. When questioned about whether the new rules were tightened due to the Khedkar controversy, officials mentioned that discussions were already in progress before the case became public.