If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, a resident of Jayanagar, found himself in a perplexing situation. He holds a valid disability certificate from a recognized government hospital, which clearly states he has specific learning disabilities, including dysgraphia, dyslexia, and dyscalculia. Eager to avail the benefits and recognition provided by the government, he decided to apply for a Unique Disability ID (UDID) card through the official online portal.

However, he hit a roadblock during the application process. The online form required him to enter the percentage of his disability, a detail that was conspicuously absent from his medical certificate. Unsure how to proceed, he wondered if he should estimate a percentage himself or if the authorities would determine it based on his submitted documents. Over a year has passed since he first initiated the application, and his file remains stagnant, leaving him without the crucial UDID card. This delay has caused him significant anxiety, as the card is essential for accessing various schemes and reservations.

Advice in such cases

Facing such an administrative hurdle can be frustrating. Here is a step-by-step guide on how to handle this situation:

• Do Not Self-Assess: Never enter a self-assessed or arbitrary percentage of disability. This could be considered a misrepresentation and may lead to the rejection of your application or other complications. The assessment of disability percentage is a task for a competent medical authority.
• Approach the Issuing Authority: The first step should be to go back to the hospital or medical board that issued your original disability certificate. Request them to re-evaluate and issue a revised certificate that explicitly mentions the percentage of disability as per the guidelines laid down under the Rights of Persons with Disabilities Act, 2016.
• File a Grievance: Use the grievance redressal mechanism available on the UDID portal itself. Clearly state the issue, mentioning your application number and the fact that your certificate does not contain the percentage.
• File an RTI Application: To understand the reason for the delay, you can file an application under the Right to Information Act, 2005, with the office of the Chief Medical Officer (CMO) or the concerned District Medical Board, asking for the status of your application and the procedure to be followed in such cases.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The primary legislation governing this issue is the Rights of Persons with Disabilities Act, 2016 (RPwD Act, 2016).

• Section 2(r): Defines “person with benchmark disability” as a person with not less than forty per cent of a specified disability. This percentage is crucial for availing most benefits.
• Section 57: Mandates the Central Government to notify guidelines for the purpose of assessing the extent of specified disabilities in a person.
• Section 58: Outlines the procedure for issuing a certificate of disability. It designates a certifying authority that is empowered to issue the certificate. The certificate is valid across the country.
• The Schedule [Section 2(zc)]: This part of the Act lists “specific learning disabilities” as a recognized form of disability, making individuals like Mr. Verma eligible for a UDID card.

If you are the complainant

If you are the applicant facing an inordinate delay or procedural block, you should take the following steps:

• Compile All Documents: Keep a file with your original disability certificate, application acknowledgement, and any correspondence with the authorities.
• Document Everything: Maintain a record of every visit, call, or email to the concerned department, noting the date, time, and the name of the official you spoke with.
• Lodge a Formal Complaint: If informal follow-ups do not work, lodge a formal complaint with the District or State Commissioner for Persons with Disabilities. These bodies are empowered to look into such grievances.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. An advocate can draft a strong legal notice to the concerned authorities, and if there is no response, they can file a writ petition in the High Court seeking a direction to the authorities to process your application promptly.

If you are the victim

As a person with a disability whose application is being unduly delayed, you are a victim of administrative apathy. It is important to remember:

• You Have Rights: The RPwD Act, 2016, is a rights-based legislation. The delay in issuing a UDID card is a denial of your right to be recognized and to access benefits meant for your welfare.
• Seek Accountability: The authorities are duty-bound to process your application in a time-bound manner. An unreasonable delay is a violation of this duty.
• Legal Recourse: The courts, particularly the High Courts under Article 226 of the Constitution, are very sensitive to the rights of persons with disabilities and often intervene to correct administrative inaction.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. A lawyer can help you assert your rights effectively and hold the delinquent officials accountable.

How the police behave in such cases

This is a purely administrative and civil matter. The police have no role to play in the processing of a UDID card application. Their involvement would only be warranted if there were allegations of criminal activity, such as an official demanding a bribe or the use of forged documents. In a case of simple procedural delay or confusion, approaching the police would not be the correct course of action. The appropriate forums are the concerned medical authorities, the Commissioner for Persons with Disabilities, and the courts.

FAQs people normally have

What evidence is required?

To apply for a UDID card, you generally need the following documents:

• A duly filled application form.
• A recent passport-sized photograph.
• Proof of identity (such as an Aadhaar card, Voter ID, etc.).
• Proof of address (such as an Aadhaar card, utility bill, etc.).
• The disability certificate issued by a competent medical authority. It is crucial that this certificate is complete and, ideally, specifies the percentage of disability.

How long will the investigation take?

The term “investigation” is not appropriate here; it is an “application processing” and “verification” procedure. While the government has not set a rigid statutory timeline, the process ideally should not take more than a few months. The steps involve online application, verification by the Chief Medical Officer’s office, and assessment by the District Medical Board. A delay of over a year is excessive and constitutes grounds for a formal grievance and legal action to compel the authorities to perform their duty.

Advocate Sudhir Rao, Supreme Court of India