Emerging Legal Paradigm of Disability Laws and Protecting Differently Abled Person in India

Benjamin, M. S. and Hashimy, Sayed Qudrat (2024) Emerging Legal Paradigm of Disability Laws and Protecting Differently Abled Person in India. Karnataka State Law University Journal, 11 (1 & 2). ISSN 2321-9440

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Abstract

India's commitment to the rights of persons with disabilities, marked by the signing of the Convention on the Rights of Persons with Disabilities (CRPD) on March 30, 2007, along with eighty-two other nations. A pivotal moment arrived on December 16, 2016, when the Indian Parliament enacted legislation, resolving a decade-long obligation. Facing a void in municipal law on reasonable accommodations and the standard for determining "undue hardship," Indian courts adeptly utilized the CRPD and its ‘travaux préparatoires’ to address this legal vacuum. The judiciary's consistent advocacy for differently-abled individuals is evident, emphasizing the imperative for enhanced protection against discrimination. This article meticulously examines India's legal framework, focusing on its robust measures to safeguard persons with disabilities from diverse forms of discrimination. Employing a doctrinal method with an emancipatory research approach, the study aims to contribute valuable insights into the legal safeguards for individuals with disabilities.

Item Type:	Article
Uncontrolled Keywords:	CRPD, disabilities, differently-abled persons, discrimination, PWD and RPD
Subjects:	L LAW > LAW
Divisions:	Department of > Law
Depositing User:	C Swapna Library Assistant
Date Deposited:	22 Nov 2024 05:36
Last Modified:	22 Nov 2024 05:36
URI:	http://eprints.uni-mysore.ac.in/id/eprint/17816

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