Law and Policy for Inclusion: RPwD Act 2016, RTE Act 2009, Samagra Shiksha and NEP 2020

Drafted with AI assistance and fact-checked on 28 October 2026; not yet read line by line by a human editor. Spotted a mistake? Tell us. Editorial standards & corrections

From the 1995 Act to the 2016 Act

India's first comprehensive disability law, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, recognised 7 conditions: blindness, low vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation and mental illness. It reserved 3 per cent of government posts and 3 per cent of seats in government and government-aided educational institutions. After India ratified the UNCRPD in 2007, it was replaced by the Rights of Persons with Disabilities (RPwD) Act, 2016, in force from 19 April 2017, which moves from welfare to rights; its Hindi name is the Divyangjan Adhikar Adhiniyam.

The 21 disabilities

The Schedule of the 2016 Act lists 21 specified disabilities: blindness, low vision, leprosy-cured persons, hearing impairment (deaf and hard of hearing), locomotor disability, dwarfism, intellectual disability, mental illness, autism spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, specific learning disabilities, multiple sclerosis, speech and language disability, thalassemia, haemophilia, sickle cell disease, multiple disabilities including deaf-blindness, acid attack victims and Parkinson's disease. A person with benchmark disability is one with not less than 40 per cent of a specified disability, as certified by a certifying authority.

What the Act says about schools

The Act defines inclusive education as a system in which students with and without disability learn together and teaching and learning are suitably adapted to the needs of different types of students with disabilities. Section 16 asks every institution funded or recognised by the government to admit children with disabilities without discrimination, make buildings accessible, provide reasonable accommodation and individualised support, educate blind, deaf and deaf-blind children in the most appropriate languages and modes of communication, detect specific learning disabilities early, and monitor each child's participation and progress. Section 17 asks governments to survey school-going children every five years to identify children with disabilities, train teachers in sign language and Braille, set up resource centres, give books and assistive devices free up to the age of 18, and modify examinations by allowing extra time, a scribe and exemption from second and third language courses. Section 31 gives every child with benchmark disability aged 6 to 18 the right to free education in a neighbourhood school or a special school of his or her choice.

Reservation numbers to remember

Under Section 32, government and government-aided institutions of higher education must reserve not less than 5 per cent of seats for persons with benchmark disabilities and allow 5 years' relaxation in the upper age limit for admission. Under Section 34, not less than 4 per cent of the vacancies in each group of posts in government establishments are reserved: 1 per cent each for blindness and low vision, for deaf and hard of hearing, and for 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.

RTE Act 2009 and children with disabilities

The Right of Children to Free and Compulsory Education Act, 2009, in force from 1 April 2010, gives every child aged 6 to 14 the right to elementary education in a neighbourhood school. Its 2012 amendment placed children with disabilities explicitly within the definition of a child belonging to a disadvantaged group and let a child with multiple or severe disability opt for home-based education. Other safeguards: no screening procedure or capitation fee at admission (Section 13); 25 per cent of entry-level seats in private unaided schools for weaker sections and disadvantaged groups (Section 12(1)(c)); no physical punishment or mental harassment (Section 17); age-appropriate admission with special training for out-of-school children (Section 4); and a child-centred, activity-based curriculum, free from fear, trauma and anxiety, in the mother tongue as far as practicable, with comprehensive and continuous evaluation (Section 29).

Samagra Shiksha

Launched in 2018-19, Samagra Shiksha is an integrated scheme for school education from pre-school to Class 12, merging Sarva Shiksha Abhiyan (2001), Rashtriya Madhyamik Shiksha Abhiyan (2009) and Teacher Education. Its inclusive education component for children with special needs (CWSN) supports identification and assessment, aids and appliances, Braille and large-print books, special educators, therapy, transport and escort support, stipends for girls with disabilities, and home-based education for children with severe disabilities. It carries forward the older IEDC (1974) and IEDSS (2009-10, Classes 9 to 12) schemes.

NEP 2020 on equity and inclusion

Chapter 6 of NEP 2020, Equitable and Inclusive Education: Learning for All, names Socio-Economically Disadvantaged Groups (SEDGs) by gender identity (female and transgender), socio-cultural identity (SC, ST, OBC and minorities), geography (villages, small towns, aspirational districts), disability including learning disability, and socio-economic condition (migrant communities, low-income households, orphans, children in vulnerable situations, the urban poor). It proposes a Gender-Inclusion Fund to build the country's capacity to give all girls and transgender students quality education, and Special Education Zones for regions with large SEDG populations. For children with disabilities it promises barrier-free access under the RPwD Act, special educators with cross-disability training, resource centres, a choice of regular or special school for children with benchmark disabilities, home-based education for those unable to attend school, and standardisation of Indian Sign Language across the country.

Key facts

PWD Act 1995: 7 disabilities, 3 per cent of posts and 3 per cent of seats; RPwD Act 2016: 21 disabilities, in force from 19 April 2017.
Benchmark disability: not less than 40 per cent of a specified disability, certified by a certifying authority.
RPwD Act Section 32: at least 5 per cent of seats in government and government-aided higher education institutions, plus 5 years' relaxation in upper age limit.
RPwD Act Section 34: at least 4 per cent of government vacancies - 1 per cent each for visual, hearing and locomotor disabilities; 1 per cent for autism, intellectual disability, SLD, mental illness and multiple disabilities.
RPwD Act Section 31: free education for children with benchmark disabilities aged 6 to 18; the RTE Act covers all children aged 6 to 14.
RPwD Act Section 16: admit without discrimination, accessible buildings, reasonable accommodation, individualised support, early detection of specific learning disabilities.
RPwD Act Section 17: survey every five years, teachers trained in sign language and Braille, free books and assistive devices up to 18, extra time, scribe and language exemption in examinations.
RTE (Amendment) Act 2012: children with disabilities included in 'disadvantaged group'; home-based education option for children with multiple or severe disabilities.
Samagra Shiksha (2018-19) merged SSA, RMSA and Teacher Education; covers pre-school to Class 12; has a CWSN inclusive education component.
NEP 2020 Chapter 6: SEDGs, Gender-Inclusion Fund, Special Education Zones, choice of regular or special school, standardised Indian Sign Language.

Quick revision

PWD Act 1995: 7 disabilities, 3% posts and seats; RPwD Act 2016 (in force 19 April 2017): 21 disabilities, benchmark 40%; Sec 16 duties of schools; Sec 17 survey every 5 years, free aids to 18, scribe, extra time; Sec 31 free education 6-18; Sec 32: 5% higher education seats, 5 years age relaxation; Sec 34: 4% posts; RTE 2009 (6-14), 2012 amendment: home-based education; Samagra Shiksha 2018-19 = SSA + RMSA + TE; NEP 2020 Ch 6: SEDGs, Gender-Inclusion Fund, SEZs, ISL.

Practise this topic

All 6 lessons on Inclusive Education and Children with Special Needs