Q: Does Temporary disability of 70% considered a benchmark disability under RPWD ACT 2016.
A:
The Rights of Persons with Disabilities (RPWD) Act 2016, implemented in India, aims to uphold and protect the rights of individuals with disabilities. This legislation covers a wide range of conditions and provides for the equality, dignity, and inclusion of people with disabilities in society. However, the Act primarily focuses on recognizing "persons with benchmark disabilities" as those having at least 40% of a specified disability, as certified by the competent authority.
Temporary disability, whether it's 70% or otherwise, may not necessarily fall under the category of "benchmark disability" as defined by the RPWD Act 2016 unless it meets the criteria for permanence and severity specified in the Act. The term "benchmark disability" refers to long-term physical, mental, intellectual, or sensory impairments which, in interaction with various barriers, hinder full and effective participation in society on an equal basis with others.
For specific guidance on whether a temporary disability of 70% is considered under the RPWD Act 2016, it would be beneficial to consult directly with legal experts or authorities designated under the Act. They can provide detailed information based on the current legal framework and interpretations of the Act, ensuring accurate advice is given for your specific situation.
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