India

India 

At a glance

• India has signed and ratified the UN Convention on the Rights of Persons with Disabilities (CRPD). 

• The 2016 Rights of Persons with Disabilities Act (RPD) aimed to make Indian law compliant with the CRPD. It outlaws many forms of disability discrimination, including in employment and when accessing goods and services. 

Key stats

• Roughly 4.5 per cent of the population of India has a disability (Pattnaik et al., 2023). 

• Around 21.6 per cent of disabled people in India are employed (Dey, 2020). 

The law

• Disability legislation – The 2016 Rights of Persons with Disabilities Act (RPD) covers disability discrimination in India. It seeks to bring Indian disability law into line with the CRPD. It requires organsiations to make reasonable accommodations for disabled employees and customers. The RPD specified areas of life that must be accessible, including provision of consumer goods, technology and digital information, and the physical environment. 

• Definition of disability – The RPD defines a disabled person as “a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others.” It specifies conditions that meet this definition: 

1. Blindness 

2. Low-vision 

3. Leprosy cured persons 

4. Hearing impairment 

5. Locomotor disability 

6. Dwarfism 

7. Intellectual disability 

8. Mental illness 

9. Autism spectrum disorder 

10. Cerebral palsy 

11. Muscular dystrophy 

12. Chronic neurological conditions 

13. Specific learning disabilities 

14. Multiple sclerosis 

15. Speech and language disability 

16. Thalassemia 

17. Haemophilia 

18. Sickle cell disease 

19. Multiple disabilities including deaf-blindness 

20. Acid attack victims 

21. Parkinson’s disease. 

Language

• India has 22 constitutionally recognised languages. Organisations should engage with disabled staff and disability organisations with knowledge of the relevant languages they intend to use, to identify acceptable language around disability. 

• Official statements around disability in India tend to use the language of the CRPD. This includes terms such as: 
  • Persons with disabilities (rather than disabled people) 
  • Person-first language (such as “person with blindness” instead of “blind person”) 
  • Reasonable accommodations – to refer to changes to remove barriers for disabled people. 

Employment 

• Adjustments / accommodations – The RPD requires employers to make reasonable accommodations for employees with disabilities. These can include modifications to the physical environment, and provision of assistive equipment. 

• Positive discrimination – Public bodies can favour disabled applicants and candidates to increase the participation of people with disabilities in the workforce. 

• Asking for information – Employers can ask candidates about disability status during the applciation stage, after a job offer has been made, and after employment has begun. The employer must give notice that this information is being collected for a stated purpose and obtain the consent of the individual. 

• Quotas – Public bodies must ensure that 4 per cent of their employees have what the RPD defines as a ‘benchmark disability’ – meaning one that is considered at least 40 per cent disabling.  

• Data – Employers must keep records of the details of employees with disabilities. These must include details such as name, nature of the disability, and the nature of the work. The government does not require employers to report on this data, but it must be available for relevant authorities to inspect. 

• Incentives – Employers can receive incentives from the Indian government for ensuring at least 5 per cent of their workforce has a ‘benchmark disability.’ 

Customers

• The RPD requires organisations providing goods and services to the public to aim for universal accessibility where possible. They must provide reasonable accommodations where this is not possible. 

Built environment

• The Ministry of Housing and Urban Affairs released Harmonised Guidelines and Standards for Universal Accessibility in 2021. Physical accessibility is a requirement of the RPD. 

Digital accessibility

• The RPD was amended in 2023 to add a requirement for businesses providing digital goods and services to meet a specific standard of digital accessibility. This standard is IS 17802. This standard aligns with other digital accessibility standards, such as WCAG and EN 301 549. 

Country-specific disability organisations

• CBM India – An NGO that seeks to improve the lives of disabled people in India. They provide services including support for disabled people to obtain employment.  
• V-Shesh – An organisation that aims to connect disabled people in India with employers.