Rights of Persons with Disability in India

The adoption and entry into force of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) has significantly increased the visibility and reinforcement of disability rights across the globe. India was among the first to sign the UNCRPD; but it is yet to incorporate the provisions of the Convention within its domestic laws. While a new disability legislation in harmony with the UNCRPD is pending with Parliament for quite some time, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act (briefly, the PWD Act), enacted in 1995, still remains the only major legal instrument for the persons with disability. Reinforcement of social model of disability in UNCRPD and a new wave of human rights approach to disability have led to significant paradigm shift in the normative and legal discourses on disability. In view of this the PWD Act has become outdated and many important provisions of the UNCRPD are missing in this Act. This book has made a sincere attempt to critically analyze the existing laws for persons with disability in India, including critical analysis of the PWD Act with the help of major judicial verdicts. An effort has been made to compare Indian disability laws with the provisions under UNCRPD. It also covers historical development of disability (legal) rights and policies in India and analyses the legislative responses and the legal framework for disability rights in India. Additionally, the study analyses provisions for the right to education of the disabled. The book has tried to cover the whole gamut of disability related issues and concern in India with an emphasis on legal rights of persons with disabilities. It can be an important compendium for those engaged in the promotion of rights and causes of disabled persons. Anyone wishing to have first hand information on disability rights in India will find the book very useful.