Advancing Disability Rights in India: From Fragmented Movements to Inclusive Policies

Shanaz (2023) Advancing Disability Rights in India: From Fragmented Movements to Inclusive Policies. Trinity Law Review, 3 (2). pp. 35-49. ISSN 2583-3588

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Abstract

A disability is characterized by a malfunctioning, disturbance, or loss in the normal functioning of physical, mental, or psychological processes. The disability rights movement, influenced by political ideologies such as dignity, autonomy, and freedom of thought and expression, gained momentum during the 1960s and 70s. In the 1990s, disability rights activism found collective expression through the involvement of non-governmental organizations (NGOs). In India, the enactment of the Convention on the Rights of Persons with Disabilities (CRPD) in 2008 transformed the discourse surrounding disabilities. Despite the presence of welfare-based disability laws in India, notably the Persons with Disabilities (PWD) Act, several deficiencies persist. The disparity between the requirements of people with disabilities and the availability of essential services stems from widespread poverty and deeply ingrained social stigmas. Insufficient implementation of existing laws and guidelines exacerbates the challenges faced by individuals with physical and mental disabilities, affecting various aspects of their daily lives. This research aims to critically examine the rights of people with disabilities in India, focusing on legal issues and inclusion. By analyzing the legislative response to the protection of disability rights, the study seeks to shed light on the effectiveness and shortcomings of existing laws. The research will contribute to a comprehensive understanding of the obstacles faced by individuals with disabilities in their pursuit of equal rights, and will explore avenues for improving their inclusion and well-being within the legal framework.

Item Type:	Article
Uncontrolled Keywords:	Disability, Differently Abled Person, PWD and CRPD
Subjects:	L LAW > LAW
Divisions:	Department of > Law
Depositing User:	Dr Raju C
Date Deposited:	23 May 2023 09:42
Last Modified:	23 May 2023 09:42
URI:	http://eprints.uni-mysore.ac.in/id/eprint/17493

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