The Right of Persons with Disabilities Act, 2016 ('Act') have come into force on April 19, 2017 vide notification issued by the Ministry of Social Justice and Empowerment. This Act repeals the erstwhile Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The Right of Persons with Disabilities Rules, 2017 was also notified on June 15, 2017 to give full effect to the Act. The Act has been made applicable for all establishments including the private establishments.
The private employers in order to comply with the provisions of the Act have to formulate an equal opportunity policy which sets out the amenities provided to persons with disabilities. Moreover, private establishments employing more than twenty persons are required to appoint a liaison officer to supervise the recruitment of persons with disabilities and maintain records containing details of persons with disabilities such as number of persons employed, their date of joining, name, gender etc.
The Act does not impose any obligation on private establishments to recruit persons with disabilities. However with a view to recruit more persons with disabilities, the appropriate government and the local authority shall provide incentives to private employers who ensure that at least five percent of their workforce is composed of persons with disabilities. The purpose of this Act is to encourage recruitment of persons with disabilities and require employers to provide a disabled friendly workplace.
This update is authored by Clasis Law, Clyde & Co's associated firm in India
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