Rights of Person with Disabilities: A Human Right Approach

Abstract

Disabled/differently abled persons by virtue of being have the right to enjoy rights to life, liberty, equality, security, and dignity. However, due to social indifference, psychological barriers, a limited definition of disability entitling protection of law, and a lack of proper data, persons in India remain an invisible category. Although several laws exit to ensure their full and effective participation in society, they remain insufficient as they are primarily based on the government's discretion. At the same time, whenever the judiciary finds an opportunity, it acts as a real protector of persons, but it is not feasible to knock on the door of the judiciary for every request. Interestingly, various civil societies and rights activists have occasionally asserted the rights of the disabled. However, unless the foundation stones of law are fortified, persons cannot fully realize their rights. It is high time to enact effective laws, with timely implementation, to protect their interests and empower their capabilities that are based on a rights-based approach rather than on the charity, medical, or social approaches. Thus, the horizons of law must be expanded to provide a human friendly environment for all of the to overcome the barriers that impair their development. This article considers the contemporary status of people with present laws and concepts however the researcher believes and argues that it’s not law which will provide solution to this problem, it’s the change in the vision of society that can provide solution to this problem. Basically it’s not a problem it’s an extra specialty power of this so called disabled people.