the Central Government, in consultation with the Chief Commissioner for Persons with Disabilities, having regard to the nature and type of work, hereby exempts the following services in Government establishments

## Policy Analysis Report: Exemptions Under the Rights of Persons with Disabilities Act, 2016 **1. Executive Summary:** This report analyzes two notifications issued on August 18, 2021, regarding exemptions under the Rights of Persons with Disabilities Act, 2016. These notifications, S.O. 3366(E) and S.O. 3367(E), exempt specific categories of posts within Government establishments from certain provisions of the Act. The key finding is that the Central Government, after consulting with the Chief Commissioner for Persons with Disabilities, has exempted specific roles within law enforcement and armed forces from certain requirements related to the Rights of Persons with Disabilities Act, 2016, specifically sections 20 and 34. These exemptions are based on the nature and type of work involved in these roles. **2. Introduction:** This report provides an analysis of notifications S.O. 3366(E) and S.O. 3367(E), issued on August 18, 2021, concerning exemptions under the Rights of Persons with Disabilities Act, 2016. The analysis is based solely on the information provided within the text of the notifications. **3. Policy Overview:** * These notifications act as amendments or exceptions to the Rights of Persons with Disabilities Act, 2016. * **Core Objective(s):** Based on the provided text, the core objective of these notifications is to exempt specific categories of posts in Government establishments from certain provisions of the Rights of Persons with Disabilities Act, 2016, specifically sections 20 and 34. This is done after consultation with the Chief Commissioner for Persons with Disabilities and consideration of the nature and type of work involved. **4. Background and Rationale:** The notifications represent amendments to the Rights of Persons with Disabilities Act, 2016. The rationale for these specific exemptions appears to stem from the perceived incompatibility of certain roles within law enforcement and armed forces with the provisions of the Act, likely concerning reasonable accommodations or alternative employment. The Government, in consultation with the Chief Commissioner for Persons with Disabilities, seemingly determined that the nature of these roles necessitates specific exemptions. **5. Key Provisions / Changes:** These notifications introduce specific exemptions to the Rights of Persons with Disabilities Act, 2016. * **S.O. 3366(E):** Exempts the following services from the provisions of section 34 of the Act: * All categories of posts under the Indian Police Service. * All categories of posts under the Delhi, Andaman and Nicobar Islands, Lakshdweep, Daman and Diu and Dadra and Nagar Haveli Police Service. * All categories of posts under the Indian Railway Protection Force Service. * **S.O. 3367(E):** Exempts all categories of posts of combatant personnel of Central Armed Police Forces, namely, Border Security Force, Central Reserve Police Force, Central Industrial Security Force, Indo-Tibetan Border Police, Sashastra Seema Bal and Assam Rifles from the provisions of sections 20 and 34 of the Act. These changes effectively carve out exceptions within the broader framework of the Act, releasing these specific positions from obligations outlined in sections 20 and 34. The effect is that these positions might not be subject to the same requirements regarding accessibility, accommodation, or reservation as other government posts. **6. Target Audience and Stakeholders:** The primary target audience includes: * Individuals with disabilities who may have considered or sought employment in the exempted services. * The Indian Police Service (IPS), the Delhi, Andaman and Nicobar Islands, Lakshdweep, Daman and Diu and Dadra and Nagar Haveli Police Service, and the Indian Railway Protection Force Service. * The Central Armed Police Forces (CAPF), including the Border Security Force, Central Reserve Police Force, Central Industrial Security Force, Indo-Tibetan Border Police, Sashastra Seema Bal and Assam Rifles. * The Ministry of Social Justice and Empowerment's Department of Empowerment of Persons with Disabilities (Divyangjan). **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Central Government, specifically the Ministry of Social Justice and Empowerment's Department of Empowerment of Persons with Disabilities (Divyangjan), is responsible for implementing these exemptions. The Chief Commissioner for Persons with Disabilities was consulted in the decision-making process. * **Timelines/Procedures:** The notifications are effective from August 18, 2021. The text does not specify further procedures beyond the issuance of the notifications. The process for implementing these exemptions would likely involve internal directives and modifications to recruitment and employment policies within the affected organizations. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of these exemptions is to maintain the operational effectiveness and suitability of personnel within the exempted services. It acknowledges that certain roles, particularly those involving combat or law enforcement duties, might have inherent requirements that are difficult to reconcile with certain provisions of the Rights of Persons with Disabilities Act. The potential impact could be a reduced number of persons with disabilities in these specific roles within the exempted organizations. However, the overall impact on disability inclusion may depend on the implementation of the Act and these exemptions in conjunction with other government initiatives. **9. Conclusion:** The notifications S.O. 3366(E) and S.O. 3367(E) represent specific exemptions to the Rights of Persons with Disabilities Act, 2016, for certain posts within law enforcement and armed forces. These exemptions, based on the nature and type of work, potentially impact the employment opportunities for persons with disabilities in these fields. The significance lies in balancing the rights and inclusion of persons with disabilities with the operational requirements of essential government services. Further analysis would be needed to assess the full impact and effectiveness of these exemptions in the long term.

Key Entities Referenced