Rights of Persons with Disabilities, Transgender Persons, Senior Citizens and Minorities Notes for UPSC: RPwD Act 2016, Transgender Act 2019, Senior Citizens Act 2007, NCM and Welfare Schemes

Social justice means a society in which every person, whatever the caste, religion, gender, ability or age, gets the equal dignity, the equal opportunity and a fair share of the resources. India's Constitution promises this in the Preamble, the Fundamental Rights (Articles 14 to 17) and the Directive Principles. Some groups need the extra support because they face more barriers: persons with disabilities, transgender persons, senior citizens and the religious minorities. For UPSC, the Prelims asks about the laws and the schemes (the RPwD Act, the Transgender Persons Act, the Senior Citizens Act, the minority commissions), and the Mains (GS II) asks about the protection and the welfare of these vulnerable sections. These notes explain the constitutional provisions, the laws, the institutions, the schemes, the important judgments, the challenges and the way forward for each group.

Why This Topic Is Important

This topic is a regular part of the Social Justice paper, and the news is full of the related events, for example, the changes in the accessibility rules, the judgments on the rights of the transgender persons and the debates on the minorities. It also supports the Ethics paper (compassion, equity) and the Essay. Read it with our notes on Reservation in India, Welfare of SC, ST and Persons with Disabilities and Women Empowerment for the complete picture.

Persons with Disabilities

India has millions of persons with disabilities. The Constitution gives them the equal rights, and the State must work for their welfare (Article 41 on the public assistance, and Entry 9 of the State List). The main law is the Rights of Persons with Disabilities (RPwD) Act, 2016, which replaced the Persons with Disabilities Act, 1995 and put in place the UN Convention on the Rights of Persons with Disabilities (UNCRPD, 2006), which India ratified in 2007.

• Accessible India Campaign (Sugamya Bharat Abhiyan, 2015): To make the buildings, the transport and the ICT accessible.
• Unique Disability ID (UDID): A single national card for the benefits.
• Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP): Artificial limbs, hearing aids and other devices.
• National Trust Act, 1999: For the welfare of the persons with autism, cerebral palsy, intellectual disability and the multiple disabilities.
• Rehabilitation Council of India Act, 1992: Regulates the training of the rehabilitation professionals.
• The International Day of Persons with Disabilities is observed on 3 December.

Transgender Persons

For long, the transgender community faced the social exclusion, the discrimination and the violence. In NALSA v. Union of India (2014), the Supreme Court recognised the transgender persons as the "third gender", upheld their right to the self-identified gender and directed the government to give the reservation and the welfare schemes. The Transgender Persons (Protection of Rights) Act, 2019 followed.

• It defines a transgender person and allows the self-perceived gender identity, with a certificate of the identity issued by the District Magistrate (and a revised certificate after the surgery).
• It prohibits the discrimination in the education, the employment, the health care and the use of the public services, and the right of residence.
• It creates the National Council for Transgender Persons, and has the penalties for the offences against the transgender persons.
• The critics argue that the law's certification process goes against the idea of the self-identification, and that it does not give the reservation or the rights in the marriage and the adoption.
• The SMILE scheme (Support for Marginalised Individuals for Livelihood and Enterprise) gives the welfare and the livelihood support. Section 377 was struck down in 2018 in Navtej Singh Johar v. Union of India as far as it criminalised the consensual acts between adults.

Senior Citizens

India's population is ageing, and the number of the older persons is rising fast. Article 41 directs the State to provide the public assistance in the old age. The main measures follow.

Religious Minorities

India is a secular country with a large number of religions. The Constitution protects the minorities by the Article 25 to 28 (the freedom of religion), the Article 29 (the protection of the interests of the minorities, such as the language, the script and the culture) and the Article 30 (the right of the religious and the linguistic minorities to set up and administer the educational institutions of their choice).

• National Commission for Minorities (NCM): Set up under the NCM Act, 1992. The six communities notified as the minorities are the Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains (Jains were added in 2014). The commission looks at the safeguards for the minorities and takes up the complaints.
• National Commission for Minority Educational Institutions Act, 2004: Protects the rights of the minority educational institutions and decides the minority status.
• Prime Minister's New 15-Point Programme for the Welfare of Minorities (2006): Ensures the fair share in the education, the employment and the economic activities.
• Sachar Committee (2006) studied the social, economic and educational status of the Muslims; Ranganath Misra Commission (2007) studied the linguistic and the religious minorities.
• Schemes: The scholarships for the minority students, the Maulana Azad Education Foundation, the Nai Udaan, the USTTAD (for traditional arts and crafts), the Hamari Dharohar and the PM Virasat Ka Samvardhan (PM VIKAS) for the skill development and the entrepreneurship.
• Waqf Act, 1995 governs the administration of the waqf properties (and has been under the discussion for reform).

Landmark Judgments

Challenges and the Way Forward

• Persons with disabilities: The poor accessibility, the low employment and the vacant reserved posts, the lack of the assistive technology and the social stigma. The way forward is the strict implementation of the RPwD Act, the universal design in the infrastructure, the inclusive education with the trained teachers and the skill training.
• Transgender persons: The social stigma, the exclusion from the family, the school and the jobs, the violence and the difficulty in the access to the health care. The way forward is the sensitisation, the simple certification, the welfare support and the legal protection.
• Senior citizens: The loneliness, the financial insecurity, the abuse and the weak health care. The way forward includes the strong pension and insurance coverage, the community-based care, the geriatric health services and the strict enforcement of the 2007 Act.
• Minorities: The gap in the education and the employment indicators and the communal tensions. The way forward is the inclusive development, the dialogue, the fair implementation of the schemes, the protection of the rights and the zero tolerance towards hate crimes.

The Mains Angle

For a Mains answer, begin with the constitutional promise of the equality and the dignity (the Preamble and the Articles 14 to 17), show the legal and institutional framework in a short list, mention the gap between the law and the reality (the implementation, the funding, the social attitudes), and end with a practical way forward: the awareness, the sensitive administration, the use of technology (the UDID, the digital pension delivery), the participation of the civil society and the persons concerned in the policy ("nothing about us without us"), and the link with the Sustainable Development Goals' principle of "leave no one behind".

Previous-Year Style Practice

• How many types of disabilities are recognised in the RPwD Act, 2016? Answer: 21.
• Which case recognised the third gender? Answer: NALSA v. Union of India (2014).
• Which Act provides for the maintenance of the senior citizens? Answer: The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
• Which Article protects the educational rights of the minorities? Answer: Article 30.

Frequently Asked Questions (FAQ)

How many types of disabilities are covered by the RPwD Act, 2016?

21 types.

What is the reservation for the persons with benchmark disabilities in the government jobs?

4 per cent.

Which case recognised the transgender persons as the third gender?

NALSA v. Union of India (2014).

How does the Transgender Persons Act, 2019 allow identity?

It allows the self-perceived gender identity with a certificate from the District Magistrate.

Which Act provides for the maintenance of the parents and the senior citizens?

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Which Article gives the minorities the right to run the educational institutions?

Article 30.

Which communities are notified as the minorities at the national level?

The Muslims, the Christians, the Sikhs, the Buddhists, the Zoroastrians (Parsis) and the Jains.

What is the UDID?

The Unique Disability ID, a single national card for the persons with disabilities.

What is the Accessible India Campaign?

A campaign started in 2015 to make the buildings, the transport and the ICT accessible.

What was the Sachar Committee about?

It studied the social, economic and educational status of the Muslims in India (2006).

When is the International Day of Persons with Disabilities?

3 December.

How is this topic asked in UPSC?

As the laws, the schemes and the cases in the Prelims, and as the welfare and the rights of the vulnerable sections in the Mains.