An Analytical Study of Disability Laws in India vis-à-vis UNCRPD (Disability Laws in India): A Jurisprudential Overview

Abstract

Disability is a complex issue which is understood and interpreted by different people in very different ways. In most of the societies, a person with physical or intellectual anomalies has been assumed to be inferior, by the very nature of his condition. Therefore, disabled people are subject to varied forms of discriminations, which infringe their human as well as fundamental rights. Indian legislature has taken steps to provide equal opportunities to persons with disabilities by enactment of laws and implementing various policies and schemes for empowerment of persons with disabilities. Indian Constitution guarantees equal rights to every citizen. India is one of the first signatories to UN Convention on the Rights of Persons with Disabilities, which gives a framework to change attitudes and approaches to persons with disabilities. Hence, the rights as well as laws of disabled persons are subject to various perspectives including human rights and other laws in India, which mitigate the gap between the abled and differently abled persons in order to attain their dignity in true sense in the society. In this research paper, the researchers attempt to lay down emphasis on various legal provisions related to the rights of disabled persons in India and make an analytical study as to how these laws contribute towards the legal status of the disabled persons in India. This research paper also tries to make a study of contribution of judiciary in shaping disability laws in India.