Disability and Empowerment: A Reading through the Rights of Persons with Disabilities Act, 2016

Abstract

The people of India have given to them their constitution which avows to give to each of its citizens social, economic and political rights. It also professes to empower the citizens with liberty of thought, expression, belief and worship. Above all, it promises to ensure equality of status and of opportunity. It is supposed to be a flag bearer of the idea of equality. However, when the founding fathers of the nation talked about equality, they did not mean that persons who are positioned under different circumstances be treated equally. The cardinal principle of equality would rather expect that the law must treat the equals equally. It must go for positive discrimination in favour of persons who are not at a level playing field so that an honest attempt can be said to be done by the state for bringing the disadvantaged people at par with rest of the society. For those, who are already ahead, it is not only a legal duty to give leverage to the brethren who are left behind it is also their social, ethical and moral responsibility. Disability is one such parameter which puts some of the members of the human society at a disadvantageous position not only in terms of partaking of their daily activities or carrying out social or familial responsibilities but also in terms of accessibilities like education, skill enhancement, employment etc which are essential towards realization of their fullest potential as human beings. It will be not out of context to assert that the state must endeavor to bring them to the same level with others of the same society not as a matter of state-generosity or societal grace but as a matter of their rightful entitlement as fellow human beings. The present paper is an attempt to understand the Right of People with Disabilities Act, 2016 in this overall framework.