Persons with disabilities (Divyangjan)
Disability rights in India: what the law gives you
The Rights of Persons with Disabilities Act, 2016 covers 21 specified disabilities and gives rights in education, work, buildings and public services. Many of these rights depend on one paper: a disability certificate showing a benchmark disability, now issued online with a UDID card.
Law checked on 13 November 2026.
- Law
- RPwD Act, 2016
- Apply for the certificate
- swavlambancard.gov.in
- Benchmark disability
- 40 per cent or more
- Government posts
- At least 4 per cent
- Higher education seats
- At least 5 per cent
The disability certificate and UDID card
- Apply online for the certificate and the Unique Disability ID (UDID) card at swavlambancard.gov.in. You are then called for an assessment by the medical authority.
- Time. The medical authority is to issue the certificate within three months of the application (Rights of Persons with Disabilities Rules, 2017, rule 18, as amended in 2024).
- Valid everywhere. A certificate issued under the Act is valid across the country (section 58(3)).
- If you disagree. You can appeal against the certifying authority's decision, for example a percentage you think is too low or a rejection (section 59). The appeal is made on the UDID portal within 90 days of the card being issued or the application being rejected.
Why 40 per cent matters
A person with a benchmark disability is someone with 40 per cent or more of a specified disability, as certified (section 2(r)). Reserved seats and posts, free education up to 18 and several schemes are for persons with a benchmark disability, so check the percentage on your certificate.
Education
- Every child with a benchmark disability between 6 and 18 years has the right to free education (section 31).
- Government higher education institutions, and those receiving Government aid, reserve at least 5 per cent of seats for persons with benchmark disabilities, with five years of relaxation in the upper age limit (section 32).
Work
- Reserved posts. Every Government establishment reserves at least 4 per cent of vacancies in each group of posts for persons with benchmark disabilities: 1 per cent each for blindness and low vision; deaf and hard of hearing; and locomotor disability (including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy); and 1 per cent for autism, intellectual disability, specific learning disability, mental illness and multiple disabilities including deaf-blindness (section 34).
- No discrimination. A Government establishment may not discriminate against a person with disability in any matter of employment (section 20).
- If you acquire a disability in service. A Government establishment may not dismiss you or reduce your rank. If you cannot do your post, you are shifted to another with the same pay scale and service benefits (section 20(4)).
When an office or employer refuses
- In a Government establishment, complain to its Grievance Redressal Officer, who must look into the complaint within two weeks of registering it (section 23). Keep a copy with the date.
- If nothing happens, complain to the State Commissioner for Persons with Disabilities, or to the Chief Commissioner for Persons with Disabilities (Divyangjan), whose court hears complaints about rights under the Act (ccdisabilities.nic.in).
- Insult, abuse or assault of a person with disability in public view, and other acts listed in section 92, are offences punishable with six months to five years in prison and a fine. Report them to the police.
Free legal aid
Persons with disability are entitled to free legal services under section 12 of the Legal Services Authorities Act, 1987, whatever their income. Call NALSA on 15100, or apply at the District Legal Services Authority in the district court building.
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Advocates and firms who take some pro bono matters
Each said so on their own LegalFirms.in profile, and decides case by case which matters to take without a fee. Listed profiles only, A to Z; LegalFirms.in does not rank them. Open a profile to send an enquiry directly, and say that you are asking for pro bono help.
Advocates (3)
- Adv. Prakash C SoniIndore, Madhya PradeshFamily and matrimonial, Domestic violence, Women's rights, Children and custody, Criminal defence and bail, Senior citizens and maintenance
- Adv. Renu SinghDelhiFamily and matrimonial, Domestic violence, Women's rights, Criminal defence and bail, Wages and workplace, Civil rights and discrimination
- Adv. Sharma ShivamDelhiFamily and matrimonial, Domestic violence, Criminal defence and bail, Tenancy and eviction, Consumer complaints, Civil rights and discriminationSays they are registered with Nyaya Bandhu
Law firms (1)
- RSA PARTNERSNoida, Uttar PradeshFamily and matrimonial, Domestic violence, Criminal defence and bail, Wages and workplace, Consumer complaints, Civil rights and discrimination
A right refused, or a certificate you disagree with? Tell us what was refused and by whom. Sending an enquiry is free. It goes to advocates who handle this kind of matter, and your number goes only to those who open it.
Questions people ask
How do I get a disability certificate?
Apply online for the certificate and UDID card at swavlambancard.gov.in and attend the assessment. The medical authority is to issue it within three months (RPwD Rules, rule 18, as amended in 2024).
What if my disability percentage is shown too low?
Appeal against the certifying authority's decision under section 59 of the Act, from the UDID portal, within 90 days of the card being issued.
What is a benchmark disability?
Forty per cent or more of a specified disability, as certified (section 2(r)). Reserved seats and posts depend on it.
How much reservation is there in government jobs?
At least 4 per cent of vacancies in each group of posts in Government establishments, divided among the categories in section 34.
My employer removed me after I became disabled. Is that allowed?
Not in a Government establishment: section 20(4) bars dismissal or reduction in rank of an employee who acquires a disability, and requires a shift to another post with the same pay and benefits if needed.
Is legal aid free for persons with disability?
Yes, under section 12 of the Legal Services Authorities Act, 1987, whatever the income. Call 15100.
- Rights of Persons with Disabilities Act, 2016 (India Code)
- Rights of Persons with Disabilities Rules, 2017, rule 18, as amended by the Amendment Rules, 2024
- UDID portal (Department of Empowerment of Persons with Disabilities)
- Chief Commissioner for Persons with Disabilities (Divyangjan)
- Legal Services Authorities Act, 1987, section 12
General information on Indian law, not legal advice for your situation. Time limits and procedure can turn on facts and on State law; an advocate can tell you how they apply to you.