RIGHTS OF PERSONS WITH DISABILITIES IN INDIA: PROVISIONS, PROMISES AND REALITY

Abstract

The paper Rights of Persons with Disabilities in India: Provisions, Promises and Reality traces the historical evolution of the disability related legal provisions in India briefly, in the context of the United Nations mandated Declaration on the Rights of Disabled Persons (1975) and the Convention on the Rights of the Persons with Disabilities (CRPD,2007). In such a scenario, the paper attempts to arrive at an understanding of the extent to which the provisions have been implemented. To this extent, the researcher conducted a series of telephonic interviews with several parent-advocates who have been vocal about disability rights in India. An extensive interview was also conducted with a parent-activist, Mr. A.Joshi, who has been at the forefront of the disability rights movement in India with his personal as well as professional engagements at a national level and who was able to provide a critical understanding of the systemic roadblocks in the implementation of the legal provisions. The paper particularly tried to look at the implementation of the provisions of the Rights of Persons with Disabilities Act (RPwD Act), 2016 and the proposed dilution of the National Trust Act (NTA), 1999 that was hailed by many as a landmark Act for its provision of legal guardianship of individuals with special needs (after 18 years of age). A critical reading of the press coverage on these issues as well as the extensive interview with Mr. Joshi threw significant light on them. In conclusion, although several remarkable disability laws have been passed in India, till date, due to systemic inadequacies and loopholes, the fissures between what could have been achieved and what has been achieved, are quite wide. A more concerted effort needs to be taken towards strengthening the dialogue between various stakeholders in the disability sector as well as place pressure on the powers that be, to acknowledge the gaps inherent in the system.