Introduction
Disability rights have been a field where India has made significant progress in disability rights, with the Rights of Persons with Disabilities Act, 2016[1]. Disability rights have thus gone beyond this legislation to other laws, constitutional provisions, policies, and judicial interventions. Therefore it examines the broader context of disability rights in India and outlines some major legal instruments, initiatives, and challenges in the process of achieving real inclusion and empowerment for those with impairments.
The Rpwd Act[2]: A Foundation For Disability Rights
The RPWD Act, enacted on 28 December 2016, replaced the Persons with Disabilities Act of 1995[3]. It recognizes 21 categories of disabilities, including physical, sensory, intellectual, and mental impairments. The Act aligns with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), ratified by India in 2007[4]. Key provisions include:
- Non-discrimination (s 3)[5],
- Accessibility (s 40)[6],
- Equal opportunities (s 20)[7],
- 4% reservation in government jobs (s 34)[8], and
- 5% reservation in institutions of higher education (s 32)[9].
Other Key Legislation
- National Trust Act, 1999[10]
The National Trust was established under the National Trust Act of 1999 as a statutory authority for the welfare of persons with autism, cerebral palsy, intellectual disabilities, and multiple disabilities. It provides legal guardianship through Local Level Committees (ss 13-14)[11], runs schemes for early intervention, daycare, and health insurance, and supports over 600 organizations promoting inclusion.
- Rehabilitation Council Of India Act, 1992
The Rehabilitation Council of India Act 1992[12] created the Rehabilitation Council of India (RCI) to regulate rehabilitation services. RCI is responsible for providing the standardized course content for rehabilitation and special education. It maintains a Central Rehabilitation Register of accredited practitioners (s 23)[13], and imposes penalties for unqualified practice (s 21)[14].
- Mental Health Care Act, 2017
The Mental Health Care Act, 2017(MH Act)[15] safeguards the rights of persons with mental disabilities to receive mental health care, safeguards from inhuman treatment, and the dignity of living. It is significant for people with psychosocial disabilities and works within the larger framework of the RPWD Act.
- Constitutional Provisions
The Indian Constitution stands upon this firm ground, emphasizing inclusion as a cornerstone for safeguarding and advancing the rights of persons with disabilities through several vital provisions. Article 14[16] that guarantees the right to equality, states that persons with disabilities must be considered equal before the law and should be entitled to the same legal protection enjoyed by any other citizen. Article 15[17] includes the disallowance of discrimination for people with disabilities; that means, it protects them from being excluded or ill-treated in public spaces, institutions, and services[18].
Article 21[19] protects the right to life and personal liberty. In Jeeja Ghosh[20], the Supreme Court held that denying air travel to a disabled woman without justification breached her fundamental right under article 21. Article 41[21], a Directive Principle of State Policy, directs the State to render public assistance in situations of unemployment, old age, sickness, and disability. Collectively, these provisions guarantee equal citizenship status for female citizens with disabilities and enhance that status with respect to all other provisions of the Constitution supporting the states.
Policies And Campaigns
Accessible India Campaign (Sugamya Bharat Abhiyan)[22]
Aims to make public spaces, transport, and digital platforms accessible, advancing the RPWD Act’s accessibility mandates.
Unique Disability Identification (Udid)
Through this, the UDID project creates unique ID cards for persons with disabilities, streamlining access to government schemes, benefits, services, and is backed by s 49 of the RPWD Act[23].
National Policy For Persons With Disabilities, 2006
Although predating the RPWD Act, the National Policy for Persons with Disabilities, 2006[24] indicates the government’s commitment toward equal opportunity, protection of rights, and full participation of persons with disabilities. It continues to guide the implementation of policies.
Judicial Interventions
One of the landmark judgments in the disability rights movement in India is the Supreme Court judgment in Vikash Kumar v. Union Public Service Commission (2021)[25]. The Court held that such denial of a scribe to a candidate with writer’s cramp violated Articles 14 and 21, affirming reasonable accommodation under s 3 of the RPWD Act[26] as a constitutional right. This landmark judgment diluted the conception of equality and dignity to functional access and full participation of persons with disabilities in all areas of public life.
Another example is the case of Soumitra Ghosh v. Union of India[27], which became another landmark case for the cause of disability rights in India. According to the Supreme Court, that inaccessible infrastructure infringes fundamental rights and directed governments to ensure accessibility in compliance with ss 40–46 of the Rights of Persons with Disabilities Act, 2016 (RPWD Act)[28] and the UN Convention on the Rights of Persons with Disabilities (UNCRPD), ratified by India in 2007[29].
Challenges And Way Forward
While there is a robust legal and policy framework, there are nonetheless major challenges to realizing disability rights fully:
- Awareness Gap: Many remain unaware of their rights under the RPWD Act and the other laws.[30]
- Infrastructure Deficits: Public spaces and transport, and buildings are inaccessible, which limits mobility and participation.
- Employment Limitations: Little progress is being made in attracting inclusion in the private sector, with the ILO noting continued under-representation of persons with disabilities in formal employment.[31]
- Weak Enforcement: Lack of consistent enforcement makes laws and policies ineffective in their operation.
Way Forward:
- Launch Awareness Campaigns[32] : Enhance and extend national and grassroots awareness campaigns to catch disability rights and inclusion relevant to society, using accessible formats and vernaculars so as to be able to reach a family of communities.
- Priority Accessibility-Setting for Infrastructure: Apply universal design in public buildings, transport systems, and digital platforms to dismantle the physical and systemic barriers restricting full participation by persons with disabilities.
- Incentives for Inclusion in the Private Sector: Provide tax incentives or recognition awards to encourage enterprises to adopt inclusive employment and workplace practices for persons with disabilities.
- Strong Monitoring and Enforcement: Initiate compliance audits, open reporting systems, and effective grievance mechanisms for disability inclusion laws and policies via rigorous monitoring and enforcement.
Role Of Civil Society And Advocacy
One major group of organizations advocating for better practices is civil society organizations and disability rights groups like the NCPEDP (National Centre for Promotion of Employment for Disabled People)[33] and NPRD (National Platform for the Rights of the Disabled)[34], which engage in legal and policy advocacy, raising awareness, and pushing reforms to ensure disabled voices are heard. As the NCPEDP observed in its Status of Accessibility in India Report (2019), civil society plays a vital role in bridging the gap between legislative commitments and lived realities.[35]
Conclusion
The People with Disabilities Rights Act of 2016[36] marked a significant step forward, but true inclusion requires a holistic framework of laws, constitutional guarantees, policies, and judicial interventions. India’s disability rights framework integrates legislation, constitutional guarantees, public policy, and judicial action to advance inclusivity. Challenges in implementation and awareness remain, yet with sustained advocacy, strong enforcement and societal change, India can move towards genuine inclusion where persons with disabilities fully participate in all aspects of life. As scholars emphasize, without structural reforms and greater societal engagement, inclusion risks being reduced to tokenism.[37]
[1] Rights of Persons with Disabilities Act 2016 (India)(RPWD Act)
[2] RPWD ACT (n 1)
[3] Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 (India)
[4] United Nations Convention on the Rights of Persons with Disabilities (adopted 13 December 2006, entered into force 3 May 2008) 2515 UNTS 3 (ratified by India 1 October 2007)
[5] Rights of Persons with Disabilities Act 2016, s 3
[6] Rights of Persons with Disabilities Act 2016, s 40
[7] Rights of Persons with Disabilities Act 2016, s 20
[8] Rights of Persons with Disabilities Act 2016, s 34
[9] Rights of Persons with Disabilities Act 2016, s 32
[10] National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999
[11] National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act 1999 (NT Act), ss 13-14
[12] Rehabilitation Council of India Act 1992 (India) (RCI Act)
[13] Rehabilitation Council of India Act 1992, s 23
[14] Rehabilitation Council of India Act 1992, s 21
[15] Mental Healthcare Act 2017 (India) (MH Act)
[16] Constitution of India 1950, art 14
[17] Constitution of India 1950, art 15
[18] Rajive Raturi v Union of India (2018) 2 SCC 413, the Supreme Court directed improvements in transport and education systems to uphold the rights of persons with disabilities.
[19] Constitution of India 1950, art 21
[20] Jeeja Ghosh v Union of India (2016) 7 SCC 761
[21] Constitution of India 1950, art 41
[22] Press Information Bureau, Ministry of Social Justice & Empowerment, ‘Accessible India Campaign (AIC) transforms the narrative of Inclusion and Accessibility in India’ (2 December 2024) https://pib.gov.in/PressReleseDetailm.aspx?PRID=2079945
[23] RPWD Act 2016, s 49
[24] National Policy for Persons with Disabilities 2006 (NPPD)
[25] Vikash Kumar v Union Public Service Commission (2021) 5 SCC 370
[26] RPWD Act 2016 (India) s 3
[27] Soumitra Ghosh v Union of India, W.P. (C) 292/2006 (SC, 2006)
[28] Rights of Persons with Disabilities Act 2016 (India) ss 40-46
[29] United Nations Convention on the Rights of Persons with Disabilities (adopted 13 December 2006, entered into force 3 May 2008) 2515 UNTS 3 (ratified by India 1 October 2007)
[30] World Bank, People with Disabilities in India: From Commitments to Outcomes(World Bank 2007).
[31] International Labour Organization, Inclusion of Persons with Disabilities in the Workplace (ILO 2015).
[32] National Centre for Promotion of Employment for Disabled People, Status of Accessibility in India Report (NCPEDP 2019) https://www.ncpedp.org
[33] NCPEDP (n 32)
[34] NPRD (National Platform for the Rights of the Disabled) 2010
[35] National Centre for Promotion of Employment for Disabled People, Status of Accessibility in India Report (NCPEDP 2019) https://www.ncpedp.org
[36] RPWD Act (n 9)
[37] Anita Ghai, Rethinking Disability in India (Routledge India 2015); Nilika Mehrotra, Disability Studies in India: Global Discourses, Local Realities (Routledge 2020).
Author Name- V Satya Anirudh Ananda Sastry And Kritika Juneja
