Introduction
The Rights of Persons with Disabilities Act, 2016 (RPwD Act) aims to honour India's commitments under the UN CRPD, expanding recognized disabilities from 7 to 21 and guaranteeing overarching rights, reservation, accessibility, and affirmative support Comptroller and Auditor General of India+5Comptroller and Auditor General of India+5Comptroller and Auditor General of India+5Oxford Human Rights Hub+1Wikipedia+1. In theory, these statutory protections are backed by audit authority—both via state governments’ audit mechanisms and oversight from the Office of the Chief Commissioner for Persons with Disabilities (CCPD). Yet multiple audits and recent case studies reveal serious gaps in compliance, accountability, and effective enforcement across states.
Performance Audits: What the CAG Reports Reveal
Rajasthan (Report No. 1 of 2023)
A performance audit covering 2016–21 assessed whether Rajasthan officially secured employment, education, and social assistance for persons with disabilities, as mandated under Articles 41 and RPwD Act Comptroller and Auditor General of India+2Comptroller and Auditor General of India+2Comptroller and Auditor General of India+2. Though the audit confirms legislative recognition, detailed findings show poor implementation—particularly in data collection, benefit delivery, reservation compliance, and grievance resolution.
Karnataka (Report No. 02 of 2024)
Evaluating the 2016–17 to 2020–21 period, the Karnataka audit examined disability identification systems, rehabilitation programmes, empowerment measures, and institutional governance frameworks across 111 district offices and 70 sampled institutions Comptroller and Auditor General of India+2Comptroller and Auditor General of India+2Comptroller and Auditor General of India+2. It highlighted incomplete disability registries, slow issuance of certificates, weak monitoring of entitlements, and misaligned financial controls—pointing to systemic weaknesses.
These CAG audits underscore broad implementation gaps, including poorly functioning complaint mechanisms, inadequate outreach, and an opaque delivery of entitlements.
Accessibility Audits & Digital Compliance Oversight
Chief Commissioner’s Digital Compliance Enforcement
In 2025, the CCPD fined 155 central ministries and private entities ₹10,000 each for failing to meet required web and mobile app accessibility standards under RPwD and GIGW guidelines The Times of India+4Reddit+4The Times of India+4Wikipedia+2ccpd.nic.in+2The Times of India+2. Only six organizations had submitted access audit reports as mandated, despite a February 2025 deadline. This marks a critical use of statutory audit powers, though many departments remain non-compliant.
AI‑Powered Community Accessibility Audits (YesToAccess)
Launched in December 2024, DEPwD and APD introduced the YesToAccess mobile app—India’s first AI‑driven tool empowering citizens to photograph public facilities and receive real-time accessibility scores (e.g. ramps, tactile paving, toilets), with data shared publicly via interactive maps The Times of IndiaBusiness Standard. This democratizes access audit reporting and scaling beyond expert-only efforts.
State Infrastructure Audits: Goa’s Accessibility Push
Goa’s government has begun auditing public buildings for RPwD Act compliance—assessing ramps, toilets, signage, elevators, and entry features. The results will guide retrofit upgrades—filling a long-standing gap in physical accessibility compliance Business Standard+1The Times of India+1The Times of India.
Systemic Oversight & Data Transparency Concerns
Certification & Reservation Fraud Detection
The Maharashtra State Information Commission has demanded proactive disclosure of disability certificates of government employees recruited under the 4% quota—citing widespread fake certificate misuse The Times of India+3newindianexpress.com+3The Times of India+3. Transparency through public disclosure is critical to accountability yet remains politically contested.
Policing & Exclusion of PwDs
A Pacta study (July 2025) found zero systematic data collection on police interactions with persons with disabilities—such as arrest rates, reasonable accommodation in FIRs, or disability awareness training within force structures. Despite Section 48 RPwD mandating training, most police stations across India remain inaccessible and uninformed Wikipedia+4newindianexpress.com+4The Times of India+4.
UDID Registry Data Quality Issues
Nearly 94 lakh PwDs registered via the UDID scheme between 2019–23 lacked mandatory socio-economic data (like caste, income, education), which were made optional. A parliamentary concern surfaced regarding the government’s decision to drop this data from national reporting Reddit. This weakens the credibility and utility of disability targeting and policy planning.
Core Implementation Deficiencies
Weak Institutional Oversight by State Authorities
Many states have not appointed State Commissioners for PwDs as required under Section 79 RPwD. Similarly, Special Courts, Public Prosecutors, and other enforcement mechanisms under Sections 84‑85 remain dormant, impairing compliance monitoring and rights enforcement Oxford Human Rights Hub+1ccpd.nic.in+1.
Training and Staffing Gaps in Schools and Services
In Delhi, 102 special educators in government schools lacked valid certification from Rehabilitation Council of India (RCI), breaching RPwD requirements and raising concerns about quality of special education delivery The Times of India.
Recommendations: Strengthening Disability Rights Audit Mechanisms
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Regular CAG Performance Audits Nationwide
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Mandate audits of RPwD Act implementation across all states and union territories, focusing on identification, grievance mechanisms, social protection, reservation, and infrastructure compliance.
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Empowering CCPD Enforcement Powers
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Ensure Chief Commissioner can annually audit and fine non‑compliant public bodies per Section 74 and enforce GIGW guidelines for digital accessibility; expand public dashboards reporting compliance outcomes.
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Madate Public Disclosure Under RTI Section 4
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Proactively publish UDID registry data (anonymized), recruitment proofs under disability quotas, audit compliance reports, and beneficiary lists to enhance transparency and minimize misuse.
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Scale AI‑Enabled Accessibility Audits
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Institutionalize YesToAccess or similar tools for auditing public and private spaces; integrate audit scores into municipal and accessible India dashboards, with corrective mandates.
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Integrate Disability Access in Policing Data Systems
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Collect FIR-level metadata on disability status, reasonable accommodation provision, and accessibility of police stations; set inclusion indicators tracked by UNCRPD Article 31 obligations.
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Institutionalize State-Level Commissioners & Special Courts
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States should appoint State Commissioners, establish Special Courts, and empower public prosecutors; central oversight should monitor appointment delays and enforce deadlines.
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Capacity Building & Training
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Ensure all educators under RCI regulations maintain valid certification; deliver training modules for welfare staff, police, educators, and judiciary on disability rights and inclusive practices.
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Infrastructure Accessibility Audits
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Require annual audits of government and public buildings (e.g. Goa-style) with retrofit timelines and budgeting under accessible India campaign targets; tie compliance to municipal grants.
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Conclusion
While the RPwD Act, 2016 enshrines a progressive, rights-based disability framework, its statutory mandate is critically undermined by weak enforcement, fragmented data, and audit inertia. CAG performance audits in Rajasthan and Karnataka have shed light on deep gaps in disability identification, benefit delivery, and institutional accountability. The CCPD's digital compliance sanctions and Goa's physical accessibility auditing reflect promising strides—but meaningful inclusion demands rigor, transparency, and data‑driven monitoring.
Scaling disability rights audits—from automated accessibility mapping, proactive disclosure, policing reforms, to standardized grievance systems—is imperative. When paired with institutional accountability and capacity-building, audits can transform legal promises into lived reality, restoring dignity and equality for persons with disabilities across India.