Landmark Judgments on Disability Rights in India
On the International Day of Persons with Disabilities, we list down the judgments that defined the jurisprudence on disability rights in India.
State of Disability Justice and Institutional Mechanisms in India
The jurisprudence on disability in India, albeit recent, has charted an unusual course. The courts have increasingly resorted to judicial activism to interpret and reinterpret the laws, and have gone beyond the four corners of the legislations in the endeavour of delivering justice. With time, the discourse and narratives on disability coming from the corridors of the courts have noticeably evolved, with a willingness to embrace inclusion beyond the lens of mere charity and welfare.
While the formulation of laws have guaranteed the establishment of institutions to help facilitate disability access and justice, the implementation and enforcement of the same falls short of expectations.
The law of the book and the law in action
The Right of Persons with Disability Act (RPwD Act, 2016) was enacted in 2016 to give effect to
the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It repealed
the earlier legislation, Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995. India’s disability law stands as a beacon of progress, embracing a
broad and inclusive perspective on disability. It boldly places responsibilities on both public and
private sectors, reflecting a commitment to equality. Yet, nearly eight years since its enactment, the law’s promise remains largely unfulfilled, hindered by slow and uneven implementation.
Seema Girija Lal v. Union of India – Implementation and Enforcement of the Rights of Persons with Disabilities Act, 2016
Recently, while hearing the writ petition in the case of Seema Girija Lal v. Union of India, the Supreme Court expressed its displeasure over the dismal implementation of the Rights of Persons with Disabilities Act (RPwD), 2016.