As per the Rights of Persons with Disabilities (RPWD) Act, 2016, what is the minimum percentage of disability required to be classified as a benchmark disability in India? 

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  1. 25%
  2. 35%
  3. 40%
  4. 50% 

Answer (Detailed Solution Below)

Option 3 : 40%
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Correct Answer: 40% (0.4)
Rationale:
  • The Rights of Persons with Disabilities (RPWD) Act, 2016, is a landmark legislation in India aimed at upholding and protecting the rights of individuals with disabilities. It provides for equality, non-discrimination, and full participation of persons with disabilities in society.
  • Under the RPWD Act, a benchmark disability is defined as a condition in which an individual has at least 40% disability as certified by a medical authority. This percentage is determined based on specific guidelines and the type of disability.
  • The benchmark disability criteria are crucial because individuals meeting this threshold are eligible for various benefits, including reservations in education, employment, and other welfare schemes.
  • The 40% threshold ensures that the benefits are targeted toward individuals who genuinely require additional support due to the functional limitations arising from their disabilities.
Explanation of Other Options:
0.25
  • Rationale: A disability level of 0.25 (25%) is not considered sufficient to be categorized as a benchmark disability under the RPWD Act. This percentage may represent mild disabilities that do not significantly impair an individual's ability to perform daily activities or participate in societal roles.
0.35
  • Rationale: Similarly, a disability level of 0.35 (35%) falls short of the 40% benchmark. While individuals with 35% disability may face challenges, they do not meet the threshold required to access the special provisions provided under the RPWD Act.
50%
  • Rationale: A disability level of 50% exceeds the benchmark disability threshold of 40%. While individuals with 50% disability are eligible for the same benefits, the minimum requirement is 40%, making this option incorrect as the minimum threshold.
Conclusion:
  • The RPWD Act, 2016, sets 40% as the minimum benchmark for disability, ensuring that those with significant impairments can access the benefits and protections they need. This percentage is a carefully considered threshold designed to include those with substantial functional limitations while maintaining the focus on those most in need.
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