Article 15 important for disability rights: Political space for disability rights, a sliver of hope

Source: The post Article 15 important for disability rights has been created, based on the article “Political space for disability rights, a sliver of hope” published in “The Hindu” on 23 April 2024.

UPSC Syllabus Topic: GS Paper 2 – Governance – mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections.

News: The article discusses efforts to amend India’s Constitution to protect people with disabilities from discrimination. It highlights the long-standing demands of disability rights groups and notes recent political support for this cause in election manifestos by Congress and CPI(M).

For details information on Persons with Disabilities read Article 1, Article 2, Article 3

What is the current status of disability rights?

UN Convention on the Rights of Persons with Disabilities (UNCRPD): Adopted in 2006, this convention established global standards to ensure equal rights for persons with disabilities. Over 160 countries have ratified it, committing to uphold the rights of disabled persons.

Legal Framework: India ratified the UNCRPD in 2007 and passed the Rights of Persons with Disabilities Act in 2016, but these have not amended the Constitution to give disability rights constitutional protection.

Recent manifestos from Indian political parties like Congress and CPI(M) show a commitment to amending the Constitution to specifically include disability as a ground for discrimination.

Why is amending Article 15 important for disability rights?

Inclusion in Fundamental Rights: Currently, Article 15 does not mention disability as a ground for discrimination. Amending it would elevate disability rights to the level of a fundamental right, offering stronger legal protection against discrimination.

Alignment with International Standards: The amendment would bring India’s constitution in line with the UN Convention on the Rights of Persons with Disabilities, which India ratified in 2007. This aligns domestic law with global commitments to protect the rights of persons with disabilities.

Closing Legal Loopholes: The Rights of Persons with Disabilities Act 2016 allows exceptions in cases deemed to have a ‘legitimate aim.’ By embedding disability rights in the Constitution, these exceptions would be scrutinized more rigorously, reducing potential misuse.

Promoting Equality: Recognizing disability in the Constitution would address historical injustices and recognize the unique challenges faced by disabled persons, promoting true equality and integration into society.

Judicial and Political Responsibility: The amendment would shift responsibility for protecting disability rights from the judiciary to the legislature, fostering more proactive governance and less reliance on the courts to interpret protections.

For details information on Important Judgments by Chief Commissioner of Persons with Disabilities read here

How are disability rights groups advocating?

Disability rights groups in India are advocating in several effective ways:

Manifesto Release: In February 2024, organizations like the National Centre for Promotion of Employment for Disabled People and the National Disability Network released a disability-focused manifesto, urging political parties to prioritize disability issues.

Consistent Advocacy: These groups have consistently pushed for the inclusion of disability as a ground for discrimination under Article 15 of the Constitution.

Political Engagement: They have successfully influenced political parties to include promises for constitutional amendments in their election manifestos, reflecting a shift in political attention toward disability rights.

Question for practice:

Examine the significance of amending Article 15 of India’s Constitution for disability rights, considering both its legal and social implications.