Toward Disability Rights Inclusion: The Need for Amending Article 15 in India

Context

Amidst election manifestos, the proposal to include disability as a distinct ground for discrimination under Article 15 of the Indian Constitution has garnered attention.

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The Demand to Amend Article 15 for Disability Rights in India

• Historical Context: Disability rights movement has long demanded a constitutional amendment of Article 15 to include disability as a specific ground for discrimination.
• International Recognition: United Nations Committee on the Rights of Persons with Disabilities (UNCRPD) reiterated this demand in 2019.
  • Despite strides in disability rights globally, India has not addressed this omission.
• Ratification and Legislative Action:  India ratified the Convention in 2007 and enacted the Rights of Persons with Disabilities Act in 2016. 
• • While no amendment was made to Article 15 in response to the ratification. 
• Rights of Persons with Disabilities Act: Section 3 of the Act provided that no person with disabilities shall be discriminated against on grounds of disability. 
• Limitations of Equality Provision in the Act: The Act provides limited equality and leaves scope for discriminatory actions under the guise of “legitimate aim.”

Why Do We Need to Amend Article 15 for Disability Rights in India?

• Need For Constitutional Amendment: A constitutional amendment would elevate the right against discrimination for persons with disabilities from a statutory to a constitutional right.
• Constitutional Principles: Constitution of India embodies principles of liberty, equality, and fraternity, restructuring relationships between individuals and the state.
• Rectifying Historical Injustice: Inclusion of disability under Article 15 would rectify historical injustice and address social hierarchies. 

Judicial Precedent and Limitations

• Expansion of Article 15: In Navtej Singh Johar vs Union of India (2018), Supreme Court extended Article 15 protection to ‘sexual orientation’ as analogous grounds.
• Analogous Protection: Treating disability as analogous may extend Article 15 protection but does not replace the need for a constitutional amendment.
• Challenges of Analogous Grounds: Analogous grounds approach burdens litigators and overlooks systematic marginalization faced by persons with disabilities.

Way Forward: Political Will and Advocacy for Disability Rights in India

• Political Will for Disability Rights: Promises in manifestos of Congress and CPI(M) indicate political will to address demands of the disability rights movement.
• Advocating Political Prioritization: National Centre for Promotion of Employment for Disabled People (NCPEDP) and National Disability Network (NDN) launched a manifesto urging political parties to prioritize issues of disabled community.
• Shift in attitudes: Furthermore, it signals a potential shift in political attitudes towards addressing the longstanding demands of the disability rights movement.

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Conclusion

A constitutional amendment to include disability under Article 15 is crucial for elevating the rights of persons with disabilities and rectifying systemic injustices.