A need for constitutional recognition for persons with disabilities

Constitution is a repository of a society’s conscience. How we evolve as a society would depend on the rights the constitution provides to the most valuable sections of the society.  Presently, there isn’t any recognition of rights of persons with disabilities explicitly in the constitution which is very appalling. 

Persons with disabilities comprise 2.21% of the Indian population yet we fall outside the ambit of constitution. Constitution recognition is important for us to have full and equal rights as any other citizen of the country. It is important for us to live a dignified life. It is important to make the state accountable and responsible to ensure that persons with disabilities are provided an environment in which we have equal opportunities to reach our fullest potential. Unfortunately, in India persons with disabilities face discrimination at every step of life which starts from public places as these places seem to be only meant for “abled” bodies to employment which seeks to disqualify a person from a job because of the disability of the person rather than making the job compatible for a person with disability. 

Let us understand this by the example of Article 15(2) presently this article which is a part of fundamental rights of Indian constitution does not include “disability” as a ground based on which a person cannot be discriminated. Now the need is to expand the scope of Article 15 to include disability under its ambit. This would help in making the state accountable and responsible in making an inclusive atmosphere for persons with disabilities. This would also help persons with disabilities in seeking recourse to justice in courts, like any other citizen who have option of approaching the Supreme Court in case their fundamental rights are violated. Moreover, it will be an important step in creating an inclusive atmosphere for persons with disabilities, as it will help in empowering persons with disabilities as we will be to our fullest potential in the society.

This can also bring a change in the way we see disability in India. In our society disability is seen from the medical model which sees disability as a medical condition based on which a person is deemed fit or unfit for the job. Whereas the social model places the ones of disability on the society and the state, as it sees disability as social construct and calls for the active action of the state in creating conditions, wherein persons with disabilities can live a dignified life as others.

It is then the constitution of India which is the only hope for persons with disabilities to seek recourse to justice from the state and the society. The state which has completely failed in its duties towards persons with disabilities in ensuring them a life of meaningful existence.  India is also a signatory to United Nations conventions on rights of persons with disabilities which seeks to move away from seeing persons with disabilities as “objects” of charity to those who possess full and equal rights and can make informed decisions. Then what stops the constitution of India from recognising persons with disabilities in the constitution of India?

Unfortunately, in India we have reduced disability to the use of “euphuism’s” by using words like divyaang or differently- abled etc. This does not solve the real issues faced by persons with disabilities. We need to put our efforts in the right direction and should address real issues faced by persons with disabilities. These issues include issues of inclusion accessibility, employment, and integration in the mainstream of the society. 

I hope on this “World Disability Day” things will change for the better for “Persons with Disabilities”