Human Rights of the Disabled : World in a Slow Motion

By : A.K. Sikri

Page No: 324-368

Abstract
In this article,# the author discusses how viewing the ‘persons with disabilities’ as abnormal humans deserving pity rather than as individuals who are entitled to enjoy same opportunities and equal rights as other members of the society has resulted into their marginalisation and exclusion both from the mainstream of the society and enjoyment of their fundamental rights and freedoms. The author emphasises that the movement from patronising and paternalistic approach towards ‘persons with disabilities’ to viewing them as members of the community with equal rights has been reflected in the evolution of universal human rights over the years. The author relates how the provisions of ‘Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995’ are an effort to assimilate the ‘persons with disabilities’ in the national mainstream. The author affirms that during the last few years a modest change in the mindset of the people and policy-makers is perceptible, which is, however, slow. Through an analysis of the verdicts of the higher judiciary in several cases relating to the rights of the ‘persons with disabilities’, the author also analyses the role which the courts have played in giving proper meaning and shape to the rights conferred upon the ‘persons with disabilities’ under the Disability Act.

Author :
A.K. Sikri : Former Judge of the Supreme Court of India.