Introduction
The Rights of Persons with Disabilities (RPwD) Act, 2016 marked a paradigm shift in India's disability jurisprudence, transitioning from a charity-based medical model to a rights-based framework anchored in Articles 14, 15, and 21 of the Constitution. However, despite institutional milestones like issuing over 1.25 crore Unique Disability ID (UDID) cards, systemic barriers persist primarily due to a severe deficit in sensitisation among state functionaries and the broader citizenry.
Sensitisation Bottlenecks Limiting the RPwD Act
- Ignorance of 'Reasonable Accommodation': Government authorities often perceive disability provisions as discretionary administrative burdens rather than fundamental rights. In Vikash Kumar v. UPSC (2021), the Supreme Court ruled that providing reasonable accommodation is an intrinsic facet of substantive equality and dignity.
- Bureaucratic Apathy and Institutional Voids: A lack of administrative priority has resulted in vacant posts for independent State Commissioners under Section 79 and inadequate notification of Special Courts and Special Public Prosecutors under Section 84, severely weakening statutory grievance redressal.
- Flawed Implementation of Accessibility Mandates: The Accessible India Campaign (Sugamya Bharat Abhiyan) has repeatedly missed deadlines. As observed in Rajive Raturi v. Union of India, architects, transport authorities, and urban local bodies frequently overlook universal design principles mandated under Section 40.
- Societal Stigma vs. Constitutional Morality: Civil society and private employers continue to approach persons with disabilities (PwDs) with paternalistic pity rather than acknowledging their economic and social potential under Article 41, resulting in low workforce participation and systemic exclusion of individuals with intellectual and psychosocial disabilities.
Way Forward for Effective Sensitisation and Implementation
- Mandatory Capacity Building: Institutionalise structured disability awareness curricula for civil servants, police personnel, the judiciary, and educators in accordance with Section 39 of the Act.
- Rigid Enforcement and Penalties: Operationalise mandatory accessibility rules with penal consequences for non-compliance across government buildings, digital portals, and public transportation networks.
- Building a Jan Andolan: Mobilise nationwide public information campaigns to replace regressive social attitudes with an empowerment mindset, fostering social equity in alignment with Sustainable Development Goal 10 (Reduced Inequalities).
Conclusion
Legislation alone cannot engineer structural social transformation. Without deep, continuous sensitisation across state machinery and public spheres, progressive laws risk remaining paper guarantees. Fulfilling the promise of the RPwD Act demands a decisive shift from welfare-driven tokenism to institutionalised, rights-based empowerment.