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The Rights of Persons with Disabilities Act, 2016

Ministry Of Social Justice and Empowerment

Published 18 September 2026

In short

The RPWD Act 2016 recognises 21 categories of disability, mandates 4% reservation in government jobs and 5% in higher education for persons with benchmark disabilities, requires accessible public infrastructure, and punishes disability-related atrocities with up to 5 years imprisonment.

Key facts

Year
2016
Act number
Act No. 49 of 2016
Administered by
Ministry Of Social Justice and Empowerment
In force from
19 April 2017
Replaces
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

This Act replaced the 1995 disability law and significantly expanded the scope of disability rights in India, increasing the categories of recognised disabilities from 7 to 21 and aligning domestic law with the UN Convention on the Rights of Persons with Disabilities.

Section 34 mandates 4% reservation in government jobs and Section 32 mandates 5% reservation in higher education institutions for persons with benchmark disabilities (40% or more). Section 40 requires all public buildings and transport to be made accessible within a notified time frame.

Section 92 criminalises atrocities against persons with disabilities, including forced labour, denial of access to public places, and sexual exploitation, with punishment ranging from 6 months to 5 years imprisonment. Every child with a benchmark disability has the right to free education under Section 16, in an inclusive setting.

The Act also establishes Chief Commissioner and State Commissioners for Persons with Disabilities to monitor implementation and address grievances, along with special courts for speedy trial of offences under the Act.

Key penalties

  • Section 34: 4% reservation in government jobs for persons with benchmark disabilities
  • Section 32: 5% reservation in higher education institutions
  • Section 16: Free education for children with benchmark disability in an inclusive setting
  • Section 40: Mandatory accessibility of public buildings and transport within notified timelines
  • Section 92: Punishment of 6 months to 5 years imprisonment for atrocities against persons with disabilities
  • 21 recognised categories of disability, up from 7 under the earlier 1995 Act

Frequently asked questions

How many disability categories does the RPWD Act recognise?

21 categories, expanded from 7 under the earlier Persons with Disabilities Act of 1995.

What is the job reservation for persons with disabilities?

4% reservation in government jobs and 5% reservation in higher education institutions for those with benchmark disabilities (40% or more).

What is the punishment for atrocities against persons with disabilities?

Imprisonment ranging from 6 months to 5 years under Section 92, depending on the nature of the offence.

Before you apply: confirm every date, fee and eligibility rule on the official website linked on this page. Public and Policy is an independent portal, not a government body, and details change without notice.