Legal Update : Critical Compliance under Rights of Persons with Disabilities Act, 2016

The Constitution of India encapsulates social safeguard measures for all its citizens in Article 15 & Article 16.

Article 15 mandates prohibition of discrimination on grounds of religion, race, caste, sex or place of birth whereas Article 16 mandates equal opportunity in matters of public employment.

Further, The Rights of Persons with Disabilities (RPWD) Act, 2016 and Rules, 2017 have specific mandates for the private establishments to discharge duties mentioned below.

Broadly, as per the provisions of the Act and Rules –

1.Drafting of Policy as per Act Guidelines & Publish  Equal Opportunity Policy for persons with disabilities as stated in the Rules.

2. Register a copy of the above said policy with the Chief Commissioner or the State Commissioner for Persons with Disabilities, as the case may be.

3. Ensure that persons with disability are not discriminated on the ground of disability

4. Post a Disclaimer on the Website & Display of Policy on the Website or in premises at a conspicuous place

5. Establishments having 20 or more employees to have specific inclusions in the Policy

6. Establishments having 20 or more employees to appoint a Liasoning Officer

The subject mentioned act was notified on 15th June 2017, However, We now have the  administrative clarity on compliance & hence We recommend Establishments to undertake the above said compliance. Enclosed are the act rules for your reference.

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