GUJARAT NATIONAL LAW UNIVERSITY

SEMESTER VIII/BATCH
2018-2023

HUMAN RIGHTS

CONTINUOUS INTERNAL EVALUATION

RESEARCH PAPER

‘RIGHTS OF DIFFERENTLY ABLED: INDIA AND ABROAD’

SUBMITTED TO :
VIKAS H. GANDHI, PHD.
ASSOCIATE PROFESSOR (LAW)

SUBMITTED BY :
 RIGHTS OF DIFFERENTLY ABLED: IN INDIA AND ABROAD

TABLE OF CONTENTS

INTRODUCTION................................................................................................................................3

RESEARCH METHODOLOGY...............................................................................................................5

PRELUDE..........................................................................................................................................6

HISTORY OF THE UNITED NATIONS AND PERSONS WITH DISABILITIES.........................................8

PROCLAMATIONS.............................................................................................................................9

TIMELINE OF DISABILITY RIGHTS AND MOVEMENT......................................................................11

RECENT EFFORTS FOR THEIR UPLIFTMENT: CRPD.....................................................................13

STATUS OF DISABILITY RIGHTS IN INDIA.......................................................................................15

JUDICIAL TRENDS.........................................................................................................................16

CONCLUSION..................................................................................................................................20

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ACKNOWLEDGEMENT

We thank all those who directly and indirectly helped in the completion of this case analysis.
We are grateful to our supervisor Mr. Vikas Gandhi, PhD, Associate Professor of Law,
GNLU who entrusted us with this research paper and gave us adequate support to complete
the same in a convenient time frame.

We are deeply indebted to our renowned university for providing us with all the required
sources to complete this paper with no hassles. Without the help of the remote access and
other online sources provided by the university, this submission would not attain the current
quality.
We are also thankful to all our fellow students whose competition and productive ideas, have
provided an impetus to the progress of our research paper.

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INTRODUCTION

Differently abled persons in poor countries sometimes confront greater challenges than those
in developed countries. "More than 500 million people around the world are disabled as a
result of mental, physical, or sensory impairment", according to the World Program of
Action1. These individuals are entitled to the same rights and opportunities as all other human
beings. Too often, their lives are hampered by physical and social barriers in society, which
prevent them from fully participating in society. As a result, millions of children and adults
around the world live in divided and degraded environments.

In the developing world, up to 80% of disabled individuals live in total rural areas. Disabled
persons make up 20% of the population in some nations, and they are the poorest of the poor.
Physical, mental, or sensory impairments are estimated to afflict one out of every ten people,
and disability affects at least 25% of any population. 350 million disabled persons live in
locations where they are unable to overcome their restrictions due to a lack of supports 2. They
frequently lack access to competent medical care. As a result, impairments are frequently not
discovered in time to reduce the effects of disability. If they obtain medical attention at all,
their disability may already be irreparable.

Individuals with physical or mental infirmities were once thought to be of lower nature in
various parts of the world, and they were treated as charitable and welfare recipients.
Physical, cognitive, behavioural, and emotional disabilities can all be classified.

Every human being is born with the same rights and dignity as everyone else. People with
disabilities were frequently subjected to human rights violations, stigma, and discrimination
around the world. Having a disability means being unable to participate in activities that
others take for granted. There are a variety of social factors that can influence whether or not
persons with disabilities are included or excluded from particular activities, which can affect
their development and self-esteem. As a result, disability is more than a health problem; it is a
multifaceted phenomenon that represents the interplay between a person's body and the
culture in which he or she lives.

1
[Link]
[Link]
2
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Despite their physical, mental, or sensory impairments, such people have been seen to have a
variety of outstanding talents and attributes. There are several examples of these individuals
displaying their intellectual or optimistic attitude in various aspects of life, including art, fine
art, and so on. Human rights for disabled individuals and their enforcement have become a
global topic of concern as a result of rising discrimination, inferiority, and inequality.

Prior to the 1960s, world leaders viewed impairments as concerns of charity or social welfare
rather than human rights. The worldwide community made it clearly apparent that disability
issues were a high priority in human rights campaigns with the ratification of the Declaration
of the Rights of Disabled Persons in 1975.

The statement and the rights of disabled people will be discussed in depth in this article.

Research Methodology

Problem to be researched 
• To examine the 1975 Declaration on the Rights of Persons with Disabilities and study
their rights in Indian context as well.
• Disabled people are subjected to unjustified prejudice. 

Objectives and Goals

• To be aware of the declaration's thirteen proclamations.
• To comprehend the circumstances that led to this decision.
• To look at the history of disability rights all throughout the world and India with
reference to landmark judgments.
• To have a better understanding of the current state of disabled people's rights in India
and abroad. 

Research Methodology
The researcher used both an analytical and interpretive method to write this study. The
researcher employed secondary data gathering methods to gather information for this work.
The research's information and data were gathered through a survey of secondary sources'
literature. Online databases were employed as a secondary source.

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 RIGHTS OF DIFFERENTLY ABLED: IN INDIA AND ABROAD

PRELUDE

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 RIGHTS OF DIFFERENTLY ABLED: IN INDIA AND ABROAD

On December 9, 1975, the United Nations General Assembly adopted the Declaration on the
Rights of Disabled Persons. This is the 3447th resolution passed by the Assembly. 3 It is not
binding on member countries because it is a resolution of the Assembly, but it sets a
framework that can be applied in international and domestic law. It has a lengthy preamble
and thirteen proclamations promoting the rights of disabled people in general. The
Declaration essentially argues that people with impairments have the same rights as everyone
else.

Prior to 1970, the United Nations had a social welfare approach to disability concerns. The
issues provided by social institutions and society in general were given little consideration.
The late 1960s were a time of reflection. On December 11, 1969, the United Nations General
Assembly adopted the Declaration on Social Progress and Development, which advocates for
the provision of free health services as well as the establishment of measures to provide
social security and social welfare services to all people in one of its articles1. Efforts to
rehabilitate the mentally and physically disabled in order to ease their absorption into society
are among these services. There are additional provisions for education, employment training
and placement, and vocational training.

The proclamation marked the beginning of a new way of thinking about disability challenges
as human rights issues. Despite the fact that it was non-binding, its acceptance generated a
cascade of following UN efforts. The International Year of Disabled Persons (IYDP; 1981);
the World Programme of Action Concerning Disabled Persons (WPADP; 1981); the Decade
of Disabled Persons (1983–92), which was designated as the time frame for implementing the
WPADP; and the Standard Rules on the Equalisation of Opportunities for Persons with
Disabilities (1993). Policies aiming at improving the situation of people with impairments
were among the measures.

Following the declaration's passage, the UN system made it a priority to include disability
issues in broader human rights programmes. Disability-specific policies have been
incorporated into broader human rights frameworks, and legislation targeting disabled people
has been passed. Even more significant was the United Nations Convention on the Rights of
Persons with Disabilities, which was adopted by the General Assembly on December 13,
2006. It outlines the civil and political rights of disabled individuals, as well as issues such as
3
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education, health, and employment. The convention was endorsed by 82 countries on the first
day it was open for signing, and it went into effect on May 3, 2008.

HISTORY OF THE UNITED NATIONS AND PERSONS WITH DISABILITIES

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People's attitudes toward disability shifted during the 1970s. The concept of human rights for
people with disabilities began to gain popularity on a global scale. In the new decade, the
General Assembly produced two key pronouncements regarding people with disabilities.

The 20 December 1971 Declaration on the Rights of Mentally Retarded Persons laid the
groundwork for maintaining rights via national and international action. To the greatest
extent feasible, persons with intellectual disabilities have the same rights as everyone else,
including the right to competent medical care and education, economic security, protection
from exploitation, and access to legal proceedings, according to the Declaration. People with
intellectual impairments should, if at all possible, live with their families or foster parents and
participate effectively in community life, according to the Declaration. The Declaration
essentially lay the groundwork for a future comprehensive set of principles aimed at
integrating disabled people into society.

The adoption of the Declaration on the Rights of Disabled Persons by the United Nations
General Assembly on December 9, 1975, emphasised national and international protection of
disabled people's rights. Persons with disabilities were recognised as having the same
political and civic rights as others, including the means to become self-sufficient. The
Declaration reiterated disabled people's rights to medical, educational, and employment
services. It also recognised their rights to economic and social security, employment, to live
with their families, to participate in social and artistic activities, to be protected from
exploitation, abuse, or degrading behaviour, and to receive legal assistance.

The United Nations General Assembly declared 1981 the International Year of Disabled
Persons (IYDP) in recognition of the need to promote effective participation of people with
disabilities in social life and the development of their communities, with the goal of fully
integrating people with disabilities into society.

PROCLAMATIONS

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The 1975 Declaration on the Rights of Handicapped Persons is perhaps the most important
statement embodying an international commitment to the protection of disabled people's
human rights. The Declaration of Independence makes thirteen proclamations, which are
listed below4:

"Any person unable to provide for himself or herself, totally or partly, the necessities of a normal individual and/or
social life as a result of a deficiency, either congenital or not, in his or her physical or mental skills," according to the
definition of "disabled person.";

Declaratory statement that these rights apply to all disabled people "without any distinction or discrimination on the
basis of race, colour, sex, language, religion, political or other opinions, national or social origin, state of wealth, birth,
or any other situation affecting the disabled person or his or her family.";

Right to respect for human dignity;

Right to same civil and political rights as other human beings;

Right to measures designed to enable self-reliance;

Right to medical, psychological and functional treatment as necessary;

Right to economic and social security, including the right to employment;

Right to have consideration of special needs at all stages of economic and social planning;

Right to live with their families or with foster parents and to participate in all social, creative or recreational activities;

Right to protection against exploitation, discrimination, and abuse;

Right to qualified legal aid;

Right to consult organisations of disabled persons in matters of concern;

Right to be fully informed of the rights proclaimed in the Declaration;

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TIMELINE OF DISABILITY RIGHTS AND MOVEMENT

PRE 1900s
P o l i c i e s a n d r e g u l a ti o n s d u r i n g t h i s ti m e f a v o u r e d l i f e l o n g i n s ti t u ti o n a l i s a ti o n , i n c a r c e r a ti o n , a n d s e g r e g a ti o n o f p e o p l e w i t h d i s a b il i ti e s , e s p e c i a l l y
c h il d r e n . S e v e r a l i n t e r n a ti o n a l e x a m p le s o f s y s t e m a ti c a n d s a n c ti o n e d m u r d e r o f d i s a b l e d p e o p l e , e s p e c i a l ly w o m e n a n d c h il d r e n , h a v e o c c u r r e d .

EA R LY 1 9 00 s
P e o p l e w i t h l e a r n in g d is a b i l i ti e s w e r e l a b e ll e d a s ' id i o t s , ' 'i m b e c i l e s , ' ' f e e b l e - m i n d e d , ' o r ' m o r a l l y d e fi c i e n t ' u n d e r i n t e r n a ti o n a l
l a w . P e o p le w it h d i s a b i l i ti e s w e r e c o n fi n e d , s e g r e g a t e d , s t e r i l i s e d , a n d lo b o t o m i z e d a s a r e s u lt o f in t e r n a ti o n a l p o li c i e s t h a t
f a v o u r e d t h e i r i m p r i s o n m e n t , s e g r e g a ti o n , s t e r i li t y , a n d l o b o t o m i z a ti o n . D u r i n g t h i s ti m e , in t e r n a ti o n a l l e g i s l a ti o n s u p p o r ti n g t h e
f o r c ib l e s t e r i li s i n g o f i n d iv i d u a l s w it h d i s a b i l i ti e s w a s e n a c t e d . A s i g n ifi c a n t n u m b e r o f t h e s e l a w s w e r e s ti l l i n p la c e i n t h e 1 9 7 0 s .

1939
T h e s y s t e m a ti c s la u g h t e r o f d is a b l e d p e o p l e t h r o u g h i n v o l u n t a r y e u t h a n a s i a b e g a n i n N a z i G e r m a n y , r e s u l ti n g i n a n
e s ti m a t e d 2 7 5 , 0 0 0 d e a t h s .

1950
T h e fi r s t i n t e r n a ti o n a l m o v e m e n t t o m o v e a w a y f r o m in s ti t u ti o n a l is e d c a r e a n d t o w a r d c o m m u n i t y - b a s e d c a r e
b e g a n . T h e r e w a s w i d e s p r e a d f o r c e d s t e r i l i s i n g o f p e r s o n s w i t h d i s a b il i ti e s , a n d r e g u l a ti o n s g o v e r n i n g c o m p u l s o r y
s t e r i l i s a ti o n o f p e o p l e w i t h d i s a b il i ti e s w e r e e x p a n d e d t o e n c o m p a s s w o m e n 'a t d a n g e r ' o f g i v i n g b i r t h t o a c h i l d
w i t h d i s a b i l i ti e s d u r in g t h i s ti m e .

1960s
T h e fi r s t o ffi c ia l P a r a l y m p ic G a m e s t o o k p l a c e

1970s
T h e C h r o n i c a l ly S ic k a n d D i s a b l e d P e r s o n s A c t w a s p a s s e d i n E n g la n d , m a k in g i t t h e fi r s t
c o u n t r y i n t h e w o r l d t o r e c o g n is e t h e r i g h t s o f i n d i v i d u a l s w it h d is a b il i ti e s . U N C o n v e n ti o n o n t h e R i g h t s o f M e n t a ll y R e t a r d e d
P e r s o n s a n d U N C o n v e n ti o n o n t h e R ig h t s o f D is a b l e d P e r s o n s .

1980s
M a n y c o u n t r i e s i n c l u d e d d is a b i li t y - r e l a t e d m e a s u r e s i n t h e ir a n ti - d i s c r im in a ti o n l a w s , a n d t h e U N I n t e r n a ti o n a l D e c a d e o f D is a b le d P e r s o n s w a s
o b s e r v e d d u r i n g t h i s ti m e a l o n g w i t h I n t e r n a ti o n a l Y e a r o f D i s a b l e d P e r s o n s a n d U N W o r l d P r o g r a m m e o f A c ti o n C o n c e r n i n g D i s a b le d P e r s o n s .

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1990s
P o li c ie s a n d r e g u la ti o n s d u r in g t h is ti m e f a v o u r e d l if e lo n g in s ti t u ti o n a lis a ti o n , in c a r c e r a ti o n , a n d s e g r e g a ti o n o f p e o p l e
w it h d is a b iliti e s , e s p e c ia lly c h ild r e n . S e v e r a l in t e r n a ti o n a l e x a m p le s o f s y s t e m a ti c a n d s a n c ti o n e d m u r d e r o f d is a b le d
p e o p le , e s p e c ia lly w o m e n a n d c h il d r e n , h a v e o c c u r r e d .

1900s
T h e P r i n c ip le s f o r t h e P r o t e c ti o n o f P e r s o n s w it h M e n t a l I lln e s s a n d t h e I m p r o v e m e n t o f M e n t a l H e a l t h
C a r e w e r e a d o p t e d b y t h e U n it e d N a ti o n s . U N P r o c la m a ti o n o f I n t e r n a ti o n a l D a y o f P e o p le w i t h
D is a b iliti e s w a s c e l e b r a t e d a n d U N P r o c la m a ti o n o f I n t e r n a ti o n a l D a y o f P e o p le w it h D is a b iliti e s . T h e
W o r ld S u m m it f o r S o c ia l D e v e lo p m e n t ’ s P r o g r a m m e o f A c ti o n r e c o g n i s e d t h e p r e s s in g n e e d f o r t h e f u ll
p a r ti c i p a ti o n a n d e q u a li t y o f p e o p l e liv in g w it h d i s a b il iti e s . T h e W o r ld C o n f e r e n c e f o r W o m e n f u r t h e r
r e c o g n is e d t h e a d d iti o n a l d is c r im in a ti o n f a c e d b y w o m e n w it h d is a b i liti e s .

2001
h e W o r ld H e a lt h O r g a n is a ti o n o ffi c ia lly e n d o r s e d t h e I n t e r n a ti o n a l C la s s ifi c a ti o n o f F u n c ti o n in g ,
D i s a b i lit y , a n d H e a lt h ( I C F ) .

2006
A d o p ti o n a n d r a ti fi c a ti o n o f t h e U N C o n v e n ti o n o n t h e R i g h t s o f P e r s o n s w it h D is a b iliti e s ( C R P D ) b y 1 6 3
n a ti o n s , a s w e l l a s t h e d e v e lo p m e n t o f le g is l a ti o n s in m o s t c o u n t r ie s t o p r o t e c t t h e h u m a n r ig h t s o f
p e o p le w it h d is a b il iti e s .

2013
T h e U n it e d N a ti o n s a n d t h e W o r ld H e a l t h O r g a n is a ti o n j o in t ly is s u e d a r e s o lu ti o n ti t le d " E lim in a ti n g f o r c e d , c o e r c iv e ,
a n d o t h e r w is e in v o lu n t a r y s t e r i lis a ti o n ."

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RECENT EFFORTS FOR THEIR UPLIFTMENT: CRPD

The 2016 Convention on the Rights of Persons with Disabilities, or CRPD for short, is an
international treaty that establishes individuals with disabilities' fundamental human rights.
The CRPD seeks to promote, protect, and ensure that all people with disabilities have full and
equal access to all human rights and basic freedoms, as well as to foster respect for their
inherent dignity. The treaty differs from past international agreements on disability rights in
that its terms, if approved, become legally obligatory.

It is made up of two documents: the Convention on the Rights of Persons with Disabilities
and the Optional Protocol to the Convention on the Rights of Persons with Disabilities. 5The
Convention on the Rights of Persons with Disabilities contains the major human rights
provisions as a collection of Articles.

The Committee on the Rights of Persons with Disabilities is an independent expert committee
that oversees and supervises the Convention's implementation by the governments that have
signed it. All parties are obligated to give reports on how the rights are being implemented to
the Committee on a regular basis. States are required to report within two years of signing the
Convention, and then every four years thereafter. The Committee assesses each report and
makes any changes or general recommendations that it considers necessary, which it
subsequently sends to the State Party in question.

The treaty consists of 50 articles that define the rights and freedoms that individuals with
disabilities have by nature. The following are some of the rights that the treaty recognises:

• Equality before the law (Article 5)

• Right to life, liberty, and security of the person (Articles 10 & 14)

• Equal recognition before the law and legal competence (Article 12)

• Freedom from torture (Article 15) (Article 16)

• Participation in political and public life (Article 24) (Article 29)

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The United Nations Convention on the Rights of Persons with Disabilities has been signed by
India (UNCRPD). In accordance with Article 35 of the Convention, it ratified it on October 1,
2007. In November 2015, India submitted its first Country Report on the Status of Disability
in India.

In its 22nd Session, the UN Committee on CRPD took up India's First Country Report for
discussion on the 2nd and 3rd September 2019 at the UN Human Rights Council in Geneva.

The Secretary, DEPwD, outlined a number of recent government efforts aimed at ensuring
the inclusion and empowerment of PwDs in accordance with the UNCRPD's duties. She drew
the UN Committee's attention to the passage of the Comprehensive RPwD Act in 2016, the
launch of the Accessible India Campaign, the establishment of the National Institute of
Mental Health Rehabilitation (NIMHR) to address issues of psychosocial disability, the
establishment of the Centre for Disability Sports, and achievements in the distribution of aids
and assistive devices, among other things.

While praising the provisions of the RPwD Act, 2016 and various initiatives taken by the
Government of India, the UN Committee raised concerns about the Act's implementation, as
well as measures taken/being taken by the Government to improve data, prohibit
discrimination, particularly among ethnic/religious minority groups, rehabilitate internally
displaced people, protect against exploitation, and protect reproductive rights. The problems
of PwDs' legal capacity and the redress process for any violations under the 2016 RPwD Act
were also examined.

The Indian delegation responded to the UN Committee's questions based on constitutional

provisions, RPwD Act provisions, other applicable laws, and affirmative steps taken so far in
this regard. In response to a question about J&K, the Secretary, DEPwD, unequivocally
asserted that J&K is a vital part of India, and that the government has taken necessary steps to
ensure that all J&K inhabitants have access to medical care. She also emphasised the
government's efforts to defend all citizens' reproductive rights, especially those with
disabilities.

The United Nations Committee praised India's efforts and acknowledged the Indian
delegation's response.6

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STATUS OF DISABILITY RIGHTS IN INDIA

The United Nations Conference on Disability principles were enacted in 2006, and the Rights
of Persons with Disabilities Act of 2016 was enacted in compliance with them. According to
its proposal, the purpose of this Act is to protect the dignity of every person in society and to
eliminate all forms of discrimination. It fosters acceptance of persons with all kinds of
disabilities and ensures their full participation in society. Because India is a signatory to the
Conference on the Rights of Persons with Disabilities of the United Nations General
Assembly, such a domestic law was deemed necessary.

The following are some of the important features of the Disability Act of 2016:

• It divides people with disabilities into the following categories:

 people with disabilities
 people who have a baseline disability
 people with disabilities who require a lot of help

• It is a comprehensive definition that includes 21 different categories of specific

disabilities.
The majority of the obligations imposed by this Act have been delegated to competent
governments and local governments.

• It forbids discrimination against disabled people unless it can be demonstrated that the
prejudice was a proportional way of achieving legitimate goals.

• The government has a responsibility to assist disabled individuals in exercising their

rights. As a result, it is the government's job to adopt and strictly enforce suitable laws,
rules, and policies for the benefit of disabled individuals. The government is in charge of
ensuring that disabled people enjoy the same rights to equality, decency, and respect as
everyone else. Personal liberty protection, the right to live in a community, the right to
safety and security in dangerous situations, property ownership, the right to manage one's
own finances, the right to unrestricted access to health care institutions, and the right to
cultural life are just a few of these rights.

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• A standard opportunity policy must be developed and published by all establishments

(including the private sector). People with qualifying disabilities now have access to
additional benefits such as free schooling (between the ages of 6 and 18), reservation in
education, government jobs, land allocation, poverty alleviation initiatives, and so on. •
Reservations in government establishments have been increased from 3% to 4% for
people with disabilities.

This Act protects disabled people from a variety of forms of discrimination and improves
their effective participation and inclusion in society. It ensures that everyone has an equal
chance and that everything is accessible.

Judicial Trends

While laws are vital in guaranteeing rights to oppressed people, actions must follow to ensure
that the law continues to evolve. The judiciary has a key role to play in the application of
universal rights guarantees to specific situations. This is referred to as judicial law making,
court law, or judgement law. These interpretations set legal precedents and principles that can
be applied to a variety of situations. The Supreme Court of India held in Kesavananda
Bharati v. State of Kerala7 that while the mandate in Article 37 is primarily directed at the
legislature, the Courts of Justice are also bound by it insofar as they can engage in some
judicial law-making within the interstices of the Constitution on any statute before them.
International and domestic courts have both made significant contributions to disability law.
Litigation can play a crucial role in this situation. Typically, legal actions related to disability
rights violations have been directed at schools and school administrations that violate the
rights of children with disabilities to receive an appropriate education; employers who deny
people with disabilities fair treatment at work; firms, housing societies, and businesses that
do not provide appropriate access to people with disabilities; and the government for failing
to pry open the doors to people with disabilities. Many of the litigation in India have been
filed against the central and state governments.

7
(1973) 4 SCC 225

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 RIGHTS OF DIFFERENTLY ABLED: IN INDIA AND ABROAD

Another landmark case is National Association for the Blind & Others v. Central Board
of Secondary Education & Others8, in which the Delhi High Court ordered that "blind
students (appearing for a written examination) shall be given an extra hour: meaning that they
shall be given 4 hours instead of 3 hours given to normal students." Respondent No.1 was
also ordered to allow the school from which a blind candidate will appear to select an
amanuensis, subject to the appropriate requirements being followed. The Court denied the
request for a change of the mathematics paper and the provision of Braille question papers
due to a lack of time. It did, however, mandate that "appropriate curriculum and examination
system shall be fixed in so far as future examinations are concerned, keeping in mind the
objectives of the Act."

In Indra Sawhney v. Union of India9, the Supreme Court looked at the legitimacy of
reservations for disabled people who aren't covered by Article 16 of the Constitution. The
Court stated that "a formal statement of a right does not make unequal’s equal." To enable
everyone to compete on an equal footing, affirmative efforts must be taken to equip the
disadvantaged and handicapped to bring them up to the level of the fortunate advantaged.
Articles 14 and 16(1), without a doubt, would allow such constructive steps in favour of the
disadvantaged to make the equality provided by them a reality.

Union of India and others v. Parivartan Kendra10, The Supreme Court has ordered that all
states and union territories assess the situation of acid attack victims and take proper
procedures to add their names to the disability list. According to Justices M.Y. Eqbal and C.
Nagappan of the Supreme Court, the state must bear entire responsibility for the care and
rehabilitation of acid attack victims in accordance with the guidelines set forth in Laxmi vs.
Union of India.11

Another key judgment which show the spirit of the Indian Judiciary towars the inclusion and
upliftmint of people who are differently abled was in the case of Union of India and
Another v. National Federation of the Blind and Others 12. The Court decided that in this

8
CWP No 1015/2001 & CM No. 1712/2001
9
(1992) Supp (3) SCC 217
10
Writ Petition (Civil) No. 867 Of 2013 decided on 7 December, 2015
11
(2014) 4 SCC 427
12

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matter, after referring to Section 33 of the 1995 Act, which dealt with reserve of posts and
adverting to different aspects, ordered as follows:

“It is necessary, in our opinion, to give the following instructions in order to ensure proper
implementation of the reservation policy for the disabled and to preserve their rights:

(i) We hereby direct the appellant herein to issue an appropriate order modifying the OM
dated 29.12.2005 and the subsequent OMs consistent with this Court‘s Order within three
months from the date of passing of this judgment.

(ii) We hereby direct the ―appropriate Government‖ to compute the number of vacancies
available in all the ―establishments and further identify the posts for disabled persons
within a period of three months from today and implement the same without default.

(iii) The appellant herein shall issue instructions to all the departments/ public sector
undertakings/Government companies declaring that the non-observance of the scheme of
reservation for persons with disabilities should be considered as an act of non- obedience
and Nodal Officer in department/public sector undertakings/ Government companies,
responsible for the proper strict implementation of reservation for person with disabilities,
be departmentally proceeded against for the default”.

The Court in that decision emphasised the concept of employment, saying, "Employment is a
vital aspect in the empowerment and inclusion of people with disabilities." The fact that
disabled people are out of work is an upsetting truth. It is not because their impairment
prevents them from working, but rather because social and practical impediments hinder
them from doing so. As a result, many disabled persons are poor and live in awful
circumstances. They are denied the opportunity to contribute meaningfully to their own lives,
as well as the lives of their families and communities.

The Union of India, state governments, and union territories have a categorical commitment
to defend handicapped people's rights under the Indian Constitution and other international
treaties relating to human rights in general and treaties for disabled people in particular.
Despite the fact that the Act was passed in 1995, disabled persons have yet to get the benefits
they are entitled to.

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Many of the litigation in India have been filed against the central and state governments. A
few notable cases dealing with welfare systems (housing), education, work, and access have
been mentioned above, all of which stretched the bounds of individuals with disabilities'
rights. A slew of bills have been presented to improve people's living conditions and secure
their inclusion.

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CONCLUSION

The proclamation of 1975 marked the beginning of a new way of thinking about disability as
a human rights issue. Despite the fact that it was non-binding, its approval spawned a slew of
new UN initiatives that built on one another and included policies aimed specifically at
people with disabilities.

Following the 1975 statement, the UN system made it a priority to include disability issues in
broader human rights initiatives. Disability-specific policies were incorporated into broader
human rights frameworks, and laws aimed specifically at individuals with disabilities were
passed. The United Nations Convention on the Rights of Persons with Disabilities, adopted
by the General Assembly on December 13, 2006, was even more significant because it
enumerated disabled people's civil and political rights, as well as rights-related concerns such
as access to education, health, and employment.

In conclusion, it may be stated that the capacities and potentials of differently abled people in
India have not been fully exploited. Government policies and NGO activities have remained
customised rather than generic. Several gaps exist as follows:

• Unlike in developed countries, Indian handicap regulations do not address the

question of private sector employment.

• State governments do not take measures to engage the private sector by offering
incentives to hire people with disabilities, which would be critical given the scarcity
of employment in the public sector.

• Disability legislations do not promote the establishment of any type of judicial

system, such as a disability tribunal as a special court for the expeditious disposition
of cases involving disabled individuals.

• Women with disabilities are further excluded within the disability community, yet
little attention is paid to their work demands.

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• There is no provision in the disability laws for imposing a penalty as fire for non-
compliance with the Acts' restrictions.

• Additionally, there is an attitude and bureaucratic hangover issue. Even the National
Human Rights Commission, which is established under the Human Rights Act, 1993
as an alternate government authority, has thus far been unable to function articulately,
despite its major concentration on human rights abuses.

• Moreover, the government is not required to take measures to eliminate structural

stiffness in the interest of disabled individuals.

The review of Indian Constitutional provisions and an assessment of the role of the Indian
judiciary in protecting and enforcing the rights of individuals with disabilities leads to the
conclusion that the Indian Constitution. Indian disability laws are still in their nascent stage.
These remain overwhelmingly charitable and welfare-oriented. They lack a social integration
vision. True, the Indian Constitution has created a place, although one that is far too limited
in scope and geared toward charity and relief. On the other hand, the Indian judiciary has
significantly increased its jurisdiction as a result of the Preamble and Directive Principles.
This has aided in the formulation of several components relating to 'disability equality' that
are consistent with modern human rights norms. However, it goes without saying that the
judiciary's actions have inherent constraints as well.

Human rights law reinforces the concepts of dignity, equality, autonomy, and liberty, which
constitute the foundation of an individual's basic freedom, offering protection against power
abuse and allowing for the development of human emotion. Human rights are the power that
permits a person to stand up in society and be respected. Human rights are more than just
legal protection; they represent a person's feeling of self-worth. As a result, people with
disabilities must be treated as unique individuals who require special care, and they should be
given complete support in order to achieve their goals. A few suggestions can be
implemented, such as:

• Additionally, the 2006 UN Convention provides for the right to information ('Article
21') and the right to privacy ('Article 22'). This right should be protected in our
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Constitution for disabled people, as only accurate information will enable them to
receive their support services. Similarly, individuals with disabilities should not be
subjected to arbitrary or unlawful intrusions into their privacy, family, home, or other
modes of communication, or to unlawful attacks on their honour or reputation. This
right to privacy for disabled people must be integrated into our Constitution's Right to
Life.

• Articles 23 and 24 of our Constitution protect people' rights against exploitation. In

these Articles, handicapped people's rights against exploitation should also be
secured, as they are the most vulnerable segment in society, lacking spokespersons to
advocate for their rights and therefore exposed to cruel treatment.

• Finally, in addition to what has been stated previously, it may be proposed that efforts
should be made to promote awareness across society, particularly among the family
members of disabled individuals. To raise society's consciousness, it is proposed that
appropriate knowledge be disseminated. Two actions may be done in this direction:
first, government employees at all levels should be educated about disability-related
regulations; and second, there is a need to remove biases against people with
disabilities through mass awareness programmes.

• Access and non-discrimination are two independent issues, and neither have be
addressed well. While non-discrimination is a fundamental tenet of natural justice as
enshrined in our Constitution, the law governing access for individuals with
disabilities should be broader in scope. Access is addressed in Sections 44 to 46 of the
PWD Act 1995. While access to public transportation, public buildings, and restrooms
has been extended to some extent to those with disabilities, many other types of
accessibility remain a distant dream.

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