Rights group calls for rollback of new disability certificate rules issued in wake Puja Khedkar controversy

The RPwD Rules, 2024, have come in the wake of the IAS probationer Puja Khedkar controversy. The NPRD said that broadly, the new norms put an additional burden of proof on persons with disability rather than fixing accountability within the system.

Khedekar was dismissed from service earlier in September due to alleged forgery in her disability and caste certificates.

Broadly, the new norms have brought changes in the process of applications made to obtain Unique Disability Identity (UDID) cards and the process of issuance of these cards.

One key change among them is that only a medical authority or any other notified competent medical authority can issue disability certificates at the district level. However, NPRD had pointed during the consultation stage that this addition should be dropped and suggested that experts associated with non-profits should also be authorised to carry out checks.

The new norms also introduced colour-coded white, yellow and blue UDID cards signifying ascending levels of disability, with blue being the highest, for persons having disability at 80 per cent and above.

“The NPRD lodges its strong protest against the amendments made to the Rights of Persons with Disabilities Rules, making the process of issuance of disability certificates more stringent and cumbersome. These set of amendments are regressive in nature and will only add to the already existing hurdles for genuine persons with disabilities to get certified, so essential for identification, accessing services and entitlements.

NPRD added that the new Rules will in no way be able to address the systemic problems exposed in the wake of the Puja Khedkar case.

“The Khedkar case was a classic example of manipulation at various levels, responsibility for which has still not been fixed. The case is a reflection of the lack of accountability, honesty, transparency and due diligence at multiple levels, including at the highest, none of which these amendments seek to address.

Muralidharan, general secretary, NPRD, told The Indian Express that the organisation with lakhs of persons with disabilities as its members, will send a representation to the ministry against the new norms.

Pointing out some of the specific issues, he said the new norms make it mandatory to apply for the disability certificate online. “However, there are several people from the community who either do not have access to the internet, smartphones or are digitally illiterate. During online applications, people are asked to state their specific disability. In many cases, people are not aware of the technical nomenclature used for their specific disability,” he explained while urging the government to retain the option of applying in person.

“We made several suggestions and expressed many concerns in our representation sent on August 27. However, they have not been taken into consideration,” Muralidharan added.

NPRD’s statement further stated that the extension of the time limit for issuance of a certificate from one month to three months is totally uncalled for.

“The new rule asking a person with disability to reapply if no action has been taken on his application for two long years is unacceptable. The disabled person should not be blamed and punished for the failure of the system,” it mentioned.

Rajesh Aggarwal, Secretary, DePwD said that the government’s effort is to be more friendly and streamline the process of obtaining disability certificates. “I understand there are some misconceptions but we have tried to simplify the process. We analysed data on the time taken to issue certificates and it was seen that it usually takes three months. Hence, we have said that the certificates should be issued in three months,” he told The Indian Express.

When asked if the norms have been tightened in the wake of the Puja Khedkar controversy, Aggarwal said that the issue was under deliberation before the controversy broke and sought to downplay linking of the amendments to the Khedkar issue.