Legality v/s Reality: The Truth of PwD Inclusion in India

From a vacant Chief Commissioner post to low corporate hiring, India’s PwD inclusion highlights how legality and lived reality remain worlds apart.
Legality v/s Reality: The Truth of PwD Inclusion in India
Kumari Shreya
Monday December 15, 2025
10 min Read

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There is no Chief Commissioner for Persons with Disabilities (PwDs) in India.

The position became vacant on January 27, 2019, and since then, has not been filled. Presently, Rajesh Aggarwal, IAS, Secretary, Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, holds the additional responsibilities for the role, but the position, in truth, remains empty.

India’s evolving workplaces keep inclusion as a key piece of transition. From leadership to ground reality, the claims of representing all remain loud, but are they truly factual? Especially when three separate attempts since 2019 to fulfil a role as crucial as Chief Commissioner for PwDs, India, have yielded no results?

For Persons with Disabilities (PwDs), inclusion does not stop at hiring; it also requires accessibility and recognition. While laws in India promise opportunities to all in this group, the reality on the ground tells a different story.

Law on the Books

India does have many legal measures in place that are meant to champion the cause of the PwD community. From providing inclusive opportunities to discouraging non-discrimination, these laws and plans reflect the country’s growing acceptance of the PwD community.

Rights of Persons with Disabilities (RPwD) Act, 2016

The Rights of Persons with Disabilities (RPwD) Act, 2016, was created to align the country’s PwD inclusion framework with the United Nations Convention on the Rights of Persons with Disabilities.

The Act aims to uphold the dignity of people with disabilities and prevent discrimination, replacing the 1995 Persons with Disabilities Act. The act defines the term “disability,” lists the rights and entitlements of the impacted parties, constitutes authorities, and institutes penalties.  

These measures include a strong stance on non-discrimination, reservations in education and employment, accessibility duties, and centralised certification. The Act also mandates that every government establishment should reserve 4% of seats for PwDs

Karnataka’s Private Sector Policy

In November 2025, the Karnataka Government introduced a new policy that aims to provide up to 5% reservation in public sector jobs and 10% reservation in educational institutions to PwDs.

“This is one of the many firsts from Karnataka at the national level. We want to support persons with disabilities, whom I wish to call persons with a determination,” Karnataka’s Labour Minister, Santosh Lad, told the Economic Times.

With this policy, Lad’s aim to aid over 20 lakh PwDs in the state was evident. The minister added how PwD inclusion is expected to increase the state’s GDP by up to 3-5%.

The Reality on the Ground

The latest official census of 2011 listed about 2.68 crore people in the PwD group, making up about 2.2% of India’s total population.

“These include persons with visual, hearing, speech and loco-motor disabilities, mental illness, mental retardation (intellectual disabilities), multiple disabilities and other disabilities. persons with disabilities in India,” the Department of Empowerment of Persons with Disabilities noted in its Annual Report 2024-2025.

As per the census, approximately 1.50 crore men and 1.18 crore women are among the PwD group. However, only 36% of the total PwD population were listed as employed. Getting into the gender specifics, while 47% of men with disabilities are employed, only 23% of women with disabilities have jobs.

Given the delay in the census, the effect of laws like the Rights of Persons with Disabilities (RPwD) Act, 2016, are yet to be fully measured in an official capacity. However, a December 2025 study by MarchingSheep, titled PwD Inclusion Index 2025, provided a dire picture of PwD representation in corporate India. 

According to the study, PwD representation in the corporate sector stands at only 0.65%. In fact, many of the listed companies studied by MarchingSheep have no permanently employed PwDs.

Supreme Court in September 2025

In September 2025, the Supreme Court of India also questioned the Centre about the measures being taken for the “upward movement” of meritorious people with disabilities (PwDs) candidates. The court wanted to know why candidates who score above the general cut-off marks were being given reserved seats for PwDs.

“We consider it appropriate to require the Union of India to explain whether appropriate measures have been taken to provide the upward movement of meritorious candidates applying against the post/s reserved for persons with disabilities, in case such candidates secure more than the cut-off for the unreserved category. The same principle must also be applied to promotions,” said the bench, comprising Justices Vikram Nath and Sandeep Mehta.

The Supreme Court demanded that the central government of India give an answer by October 14, 2025. However, as of now, there seems to have been no further discussion on the topic.

“This practice defeats the very purpose of the reservation and constitutes a glaring example of hostile discrimination. The principle of upward movement, available to candidates under social reservation categories, ensures that reserved seats go to those who truly need them. The denial of this principle to persons with disabilities deprives lower-scoring candidates with disabilities of their rightful opportunities,” the bench said.

The numbers and questions paint a picture of a system where, despite the measures on paper for the inclusion of PwDs, India is still lagging behind in terms of execution. While the intent of inclusion is evident in India’s legal system, the real-world barriers continue to hamper a significant portion of the country’s population.

Why the Gap Exists?

The gap between the number of PwDs in India and those who are gainfully employed stems from a variety of factors. Rooted in inaccessibility and ingrained biases, these obstacles need to be recognised, acknowledged, and defeated.

Physical Accessibility Shortfalls

Most offices, transit services, and interviews in India are not accessible to those within the PwD community. The PwD community itself is a diverse group of people who face challenges different from those of others. As such, there is no single solution that can be implemented to include everyone in the group.

Recruitment and Screening Biases

Inaccessible job descriptions and inflexible screening tests can often lead eligible PwD candidates to lose out on valuable opportunities within the very first stage of the hiring process. Once a candidate gets past that, potential discomfort from managers and/or recruiters can also hamper their path to success, even when a candidate’s disability might not affect their ability to perform the intended tasks.

Certification and Administrative Friction

To avail of accessible options, one needs to have certification that they are part of the PwD community. However, owing to the complexity of disability certification, the mismatch between roles and reservation lists, as well as biases within the system itself, those without obvious visible disabilities often find themselves falling through the cracks.

Awareness and Workplace Culture

Despite all possible facilities, PwDs can still feel excluded owing to a lack of awareness within a workplace. Even seemingly well-intentioned but ignorant comments can put a strain on one’s mental health. The existence of myths, low manager competence, accommodation costs, and micro-aggressions adds to the feeling of alienation.

Technological Gap

A 2023 audit revealed that only 42% of government websites comply with Web Content Accessibility Guidelines (WCAG) standards. This highlights that even in the administrative bodies of our country, the process of making online spaces accessible is moving slowly.

Legal Compliance vs. Lived Inclusion

While India’s system may promise inclusion, the failure in its intended implementation is one of the primary reasons behind the lack of PwD representation. While the letter of the law is often followed, the spirit is often ignored in favour of meeting the bare minimum.

Notional Reservation

Several job posts may exist on paper for the PwD members, but remain unfilled or redistributed. The RPwD Act, 2016, may have increased the PwD reservation to 4% from 3% but that does not reflect the true composition of even the governmental bodies.

According to data from the Department of Personnel and Training (DoPT), the PwD employee strength in Central Ministries and departments has remained between 13,000 and 22,000 since 2011, accounting for 0.5% to 1.1% of all posts.

Token Hires vs. Meaningful Roles

PwDs are employed in lower visibility/contract roles rather than substantive, permanent roles. Not all of them receive positions based on merit, or receive entry-level roles with no further consideration for promotion.

The limited inclusion of PwD in leadership pipelines, despite entry-level hires or reservations, also serves as a self-fulfilling prophecy. The lack of their presence in the upper levels of companies means that their voices and unique concerns are not heard, effectively blocking many from being able to progress.

Enforcement Gaps

Where law promises much and regulations open doors, enforcement can be a true obstacle. Weak monitoring, slow grievance redressal, and inconsistent interpretation of RPwD norms have held back PwDs on numerous occasions.

In a rally organised by Rajasthan opposition leader Tikaram Jully in December 2025, many PwDs and their family members came forward to tell stories of how the system has failed them. Some shared how they were marked incorrectly “dead” by the system and had lost access to their pensions. Others shared how their pensions have not been credited for months. 

What “Legal v/s Reality” Should Become

To keep alive the spirit of the laws, such as the RPwD Act, leaders and companies across India need to step up and take active measures. The talk of inclusion needs to be walked, and merit should be acknowledged, disregarding barriers born of one’s circumstances.

Strengthen Recruitment Pathways

Companies can partner with disability organisations to create more effective PwD talent pipelines. Initiatives like inclusive intern programs and campus outreach can also go a long way in creating a space that gives merit its due credit.

Simplify Processes

By making certification and administrative processes more accessible, companies can make sure that they do not miss out on talented candidates. Employer-friendly verification workflows and clearer role-fit guidelines for reservation of PwDs give the perfect boost in ensuring that you evaluate what truly matters.

Invest in Accessibility as Infrastructure

Do not think of spending money on accessible infrastructure as an expenditure but rather as an investment. Options like accessible offices, accessible digital platforms, and budgeted accommodations can help create a positive atmosphere that lets skills shine over everything else.

Inclusive Talent Management

Create performance development plans (PDPs) that include mentoring and sponsorship of PwDs. Rather than ignoring their diversity, acknowledge it and inculcate this fresh perspective into the plans to ensure that your workplace is thriving.

Transparent Disclosure and Accountability

The first step for solving any problem is to acknowledge it. Publish your company’s inclusion metrics in ESG/people reports and set time-bound targets. Right now, they might not meet the required standards, but an open admission of the same compels you to rectify the same in a way that truly matters.

Advocate for Change

Champion policies that help the law meet implementation. Demand better enforcement mechanisms, clearer lists of suitable posts, and workplace awareness. Be an ally and an advocate for those who miss out on opportunities simply because of the failures in our framework.

In the End…

India may have a strong legal foundation in place to help Persons with Disabilities (PwDs), but the implementation leaves much to be desired. Within India’s workplaces, the gap between the target representation and actual composition highlights many areas of improvement.

Workplaces in India mustn’t treat PwD hiring as a mere compliance checkbox. Every person within a company should be treated as an asset, and providing them with the right tools to succeed is imperative, not just for their growth but also for the collective productivity of the company and the community.

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