On October 18, 2024, the Ministry of Social Justice and Empowerment of India announced the Rights of Persons with Disabilities (Amendment) Rules, 2024. This significant update builds on the existing Rights of Persons with Disabilities Rules from 2017, furthering the commitment to enhance the rights and access to services for persons with disabilities.
Key Changes in the Amendment Rules
1. In the Rights of Persons with Disabilities Rules, 2017 (hereinafter referred to as the said rules), for rule 17 the following rule shall be substituted, namely: – Application Process for Disability Certificate and UDID Card
The amendments significantly refine the process for applying for a disability certificate and a Unique Disability Identity (UDID) Card:
a. Application Submission: Individuals with specified disabilities can now apply using Form-IV through the UDID Portal.
b. Applications can be submitted to:
- A medical authority in the applicant’s district.
- The medical authority of a hospital where the applicant has received treatment.
c. Legal Guardian Applications: For minors or individuals unable to apply due to their disability, a legal guardian or a registered organization can submit the application on their behalf.
2. Required Documentation
To streamline the application process, the following documents are now required:
- Proof of identity.
- A recent photograph (not older than six months).
- Proof of residence.
- Aadhaar number or Aadhaar enrollment number.
Note: If an Aadhaar Card is provided as proof of identity and contains the same address, no additional proof of residence is required.
3. In the said rules, for rule 18, the following rule shall be substituted, namely:- Issue of disability certificate/ UDID Card :
The rules specify how disability certificates and UDID Cards are to be issued:
- Assessment Process: Upon receiving an application, the medical authority must verify the applicant’s information and assess the disability according to the Central Government’s guidelines.
- Color-Coded UDID Cards: The amendments introduce a color-coded system for UDID Cards based on the severity of the disability:
a) White Band Card: For disabilities below 40%.
b) Yellow Band Card: For disabilities between 40% and 80%.
c) Blue Band Card: For disabilities at 80% or above.
- Timely Issuance: The medical authority is required to issue the disability certificate and UDID Card within three months of application, ensuring prompt service delivery.
4. Handling Pending Applications
To address delays:
- If a decision on an application is not made within two years for reasons not attributable to the medical authority, the application will become inactive. Applicants will need to apply again or request reactivation.
5. Permanent vs. Temporary Certificates
The medical authority can issue:
- A permanent disability certificate when no improvement is expected.
- A temporary certificate with a specified validity period if improvement is possible.
6. Rejection and Appeals
If an application is rejected:
- The applicant will be informed of the reasons via an online platform within one month.
- There is a provision for appeals within 90 days of rejection, in accordance with Section 59(1) of the Rights of Persons with Disabilities Act, 2016.
7. Online Granting of Certificates
State governments and Union Territory administrations are mandated to ensure that the granting of disability certificates and UDID Cards occurs through an online platform as prescribed by the Central Government.
The Following FORMS have been Included:
Form-V Disability Certificate (In case of Single Disability)
Form-VI Disability Certificate (In case of Multiple Disabilities)
Form-VIII Rejection Certificate
The new Rules is set to take effect from October 22nd 2024
