Legal Recognition of Invisible Disabilities: Challenges in Implementing RPWD Act Protections for Autism, Learning Disabilities, and Chronic Illnesses

AUTHOR – ANKISH KUMAR^* & DR. ABHIRANJAN DIXIT^**

* STUDENT, B.A. LL.B. (HONS.), LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – ANKISH KUMAR & DR. ABHIRANJAN DIXIT, LEGAL RECOGNITION OF INVISIBLE DISABILITIES: CHALLENGES IN IMPLEMENTING RPWD ACT PROTECTIONS FOR AUTISM, LEARNING DISABILITIES, AND CHRONIC ILLNESSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 889-901, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research evaluates the impediments to providing legal assistance for people suffering from invisible disabilities, namely, autism spectrum disorder (ASD), specific learning disabilities (SLD), and chronic illnesses, under India’s Rights of Persons with Disabilities Act, 2016 (RPWD Act). The Act heralds an advancement in rights away from prior welfare approaches, yet implementation is highly inconsistent. Inter-analyses of case laws, such as in Vikash Kumar v. UPSC, highlight systemic barriers such as difficulties in diagnosis, lack of awareness among certifying authorities, insufficient educational accommodations, and limited workplace adjustments. The research adopts methods, viz., a statutory analysis infused with discussion on case law and international comparisons to showcase advances made and yet shortcomings in implementation faced. The key results establish that although invisible disabilities are expressly incorporated into the RPWD Act, the intent of the Act is still thwarted by certification difficulties, stigma, needless non-utilization of employment reservations, and poor health infrastructures. Drawing comparisons with policy treatments generated for invisible disabilities abroad—the Americans with Disabilities Act (ADA) and the UK’s Equality Act 2010—serves to elucidate some structural gaps in the enforcement and monitoring mechanisms in India. The article concludes that more effective enforcement of the RPWD Act would entail major policy reforms, heightened awareness by all concerned stakeholders, and an accountability system governed by some regulatory body. Strengthening diagnosis, funding inclusive education, ensuring compliance by employers, and access to healthcare would fill the gap between recognition and realization for individuals with invisible disabilities.

Keywords: Invisible Disabilities, RPWD Act 2016, Autism Spectrum Disorder, Specific Learning Disabilities, Chronic Illness, Inclusive Education, Disability Rights India