Political space for disability rights, a silver of hope

Context:

Amidst election manifestos, the proposal to include disability as a distinct ground for discrimination under Article 15 of the Constitution has garnered attention, offering hope to the disability rights movement for constitutional reform.

Call for Constitutional Amendment

• Coverage: Disability rights advocates push for amending Article 15 to explicitly cover disability as a discrimination ground.
• India’s obligation: UN Committee on the Rights of Persons with Disabilities echoes this demand in 2019, highlighting India's obligation under international conventions.
• Persistent gap: Despite global strides in disability rights, India has yet to address this longstanding omission in its constitutional framework.

Legal Framework and Constitutional Recognition

• Significant achievement: Adoption of the UNCRPD in 2006 and the enactment of the Rights of Persons with Disabilities Act in 2016 mark significant milestones.
• Gaps in current provisions: Current legal provisions offer protection against discrimination on a statutory basis, falling short of constitutional guarantee.
• Need of constitutional recognition: There is urgent necessity of constitutional recognition to provide robust remedies and demonstrate a deeper commitment to disability rights.

Political Will and Advocacy Efforts

• Growing awareness: Inclusion of disability as a ground under Article 15 gains traction within political discourse, reflecting growing awareness of disability rights.
• Efforts in the right direction: Noteworthy initiatives by disability rights organizations, like the release of a disability-focused manifesto, underscore the persistent advocacy efforts.
• Shift in attitudes: Furthermore, it signals a potential shift in political attitudes towards addressing the longstanding demands of the disability rights movement.