·The Hindu·15 marks·250–350 wordsPolity

What are the disability entitlements available to acid attack survivors under the RPwD Act, 2016? Assess the implementation challenges in extending these benefits to survivors of forced acid ingestion.

In this answer
  1. Entitlements available to acid attack survivors
  2. Challenges in extending these to forced-ingestion survivors

The Rights of Persons with Disabilities Act, 2016, enacted to give effect to the UNCRPD (ratified by India in 2007), lists acid attack victims among its 21 specified disabilities — a category absent from the 1995 Act [1]. In May 2026 the Supreme Court extended this to survivors of forced acid ingestion, making the entitlement framework and its delivery gaps a live governance question [4].

Entitlements available to acid attack survivors

  • Certification and benchmark status: a disability certificate; those certified with ≥40% disability qualify as persons with benchmark disability [1].
  • Reservation: 4% in government employment and 5% in government and government-aided higher education for benchmark disabilities [1].
  • Non-discrimination and accessibility: protection against discrimination in employment, reasonable accommodation, and accessible services [1].
  • Welfare and rehabilitation support: disability pension, healthcare and rehabilitation delivered through central schemes such as SIPDA and assistive-device support, alongside free treatment mandated for acid attack survivors [2][3].

Challenges in extending these to forced-ingestion survivors

  • Definitional and legal lag: the Schedule textually covered disfigurement by acid-throwing; until the Schedule is formally amended, field officials may still apply the literal text [1][4].
  • Medical assessment gap: guidelines for assessing specified disabilities are built around visible impairment, whereas ingestion causes internal oesophageal, gastric and respiratory damage — District Assessment Boards lack settled protocols to quantify it [3].
  • Retrospective claims: applying the expanded meaning from 2016 requires states to reopen past rejections, straining record-keeping and grievance redressal [4].
  • Chronic delivery weaknesses: parliamentary scrutiny of SIPDA found uneven fund flow and states receiving no funds since inception — problems a new beneficiary class will inherit [2].
  • Gendered under-reporting: survivors are predominantly women, often facing stigma and low awareness of entitlements [4].

Entitlements become meaningful only when certification machinery matches the lived reality of impairment. Expeditious amendment of the Schedule, ingestion-specific assessment guidelines, and proactive review of pending claims would align implementation with the UNCRPD's social model of disability and the Article 14 promise of substantive equality.

Sources

  1. 1The Rights of Persons with Disabilities Act, 2016 — India Code21 specified disabilities including acid attack victims, 40% benchmark, 4%/5% reservation, non-discrimination
  2. 2Assessment of the Scheme for Implementation of the RPwD Act, 2016 (SIPDA) — Standing Committee report summary, PRS Legislative ResearchSIPDA as centrally funded umbrella scheme; uneven fund flow and states receiving no funds
  3. 3RPwD Act, 2016 — rules and assessment guidelines, Department of Empowerment of Persons with Disabilitiescertification and disability-assessment guidelines; scheme-based rehabilitation support
  4. 4Supreme Court of India — Judgments (May 2026 order including forcible acid ingestion under the RPwD Act Schedule)expansion of the definition, retrospective effect from 2016, gendered profile of survivors
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