Source: The Hindu

Introduction

Recently, two political parties pledged to incorporate disability as a distinct ground for discrimination within Article 15 of the Constitution of India, 1950. Their election manifesto has ignited hope within the disability rights movement.

What was the Position of Existing Demand of Person with Disabilities?

• The demand for a constitutional amendment to rectify and add disability as a ground within Article 15 has been persistent within the disability rights movement.
• This call was reinforced by the United Nations Committee on the Rights of Persons with Disabilities in 2019.

How Rights of Persons with Disability is Only a Statutory Right?

• The Rights of Persons with Disabilities Act, 2016 was enacted on 27^th December 2016, replacing the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
• This Act came into force on 19^th April 2017, heralding a new era of rights and recognition for persons with disabilities (PWDs) in India.
• This Act broadens the scope of disabilities to cover 21 conditions, including physical, intellectual, mental, and sensory impairments.
• While the Rights of Persons with Disabilities Act, 2016 addressed some aspects of discrimination, it only offered a limited notion of equality.
• However, the act Amending this Act would still leave disability rights as statutory rather than constitutional.
• Article 15 identifies social hierarchies and aims to address exclusionary practices, making the inclusion of disability essential to rectify historical injustices.

What was the Supreme Court’s Decision on Disability?

• The Supreme Court's decision in Navtej Singh Johar v. Union of India (2018) extended Article 15's protection to 'sexual orientation', setting a precedent for treating disability as an analogous ground.
• The court also held “The LGBT community is a sexual minority which has suffered from unjustified and unwarranted hostile discrimination and is equally entitled to the protection afforded by Article 15”.

Conclusion

While electoral promises in India often remain unfulfilled, the recent focus on disability rights signals a potential shift in political attitudes. By recognizing the need for constitutional amendments, India can reaffirm its commitment to inclusivity and equality, ensuring that no citizen is left behind.