The
Rights of Persons with Disabilities Act, 2016 stands as a monumental piece of
legislation that not only grants comprehensive rights to persons with
disabilities but also creates a robust criminal justice framework to protect
them from atrocities and discrimination. While much attention is given to the
rights and entitlements under this Act, the penal provisions and trial
procedures remain lesser explored territories that demand judicial scrutiny and
understanding.
The Criminal Justice Architecture
Under RPWD Act 2016
The RPWD Act 2016
represents a paradigm shift from the erstwhile Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995. Chapter
XVI of the Act (Sections 89-95) creates a comprehensive penal framework that criminalizes
various forms of discrimination, atrocities, and violations against persons
with disabilities, transforming what were once civil wrongs into cognizable
criminal offences.
