Expanding the Horizons of Disability Law in India from a Human Rights Perspective

Abstract

This paper highlights the shift from a welfare-based to a rights-based approach by analysing the development and growth of disability law in India from a human rights viewpoint. It examines critically how the Rights of Persons with Disabilities Act of 2016 has affected the social inclusion, equality, and accessibility of people with disabilities. Despite the progressive legal framework, implementation challenges persist due to infrastructural limitations, bureaucratic inefficiencies, and societal attitudes that hinder effective enforcement. The study explores key areas such as inclusive education, employment opportunities, accessibility in public spaces, and the role of assistive technology in empowering persons with disabilities. It also examines the gaps between legal provisions and their practical application, emphasizing the need for enhanced monitoring mechanisms, policy interventions, and collaborative efforts between government agencies, private sectors, and civil society organizations. Findings suggest that while India has made notable strides in disability rights, significant work remains in terms of enforcement, awareness, and attitudinal shifts. Strengthening policy implementation, ensuring financial support for accessibility initiatives, and promoting active participation of persons with disabilities in decision-making processes are essential steps towards achieving inclusivity. The report promotes a comprehensive strategy that combines social, legal, and economic tactics to close current gaps and create an atmosphere where disability rights are acknowledged and fully realised. It further emphasizes the importance of continuous advocacy, research, and technological advancements in promoting accessibility and improving the quality of life for persons with disabilities. The study concludes that true inclusivity requires sustained efforts across multiple levels of society, ensuring that disability laws effectively translate into tangible benefits and uphold the dignity and rights of all individuals.