The Constitution is not a perfect document and requires self-correction, particularly regarding its treatment of differently abled persons.

Historical and Current Flaws in the Constitution In the Context of Disability

• Constituent Assembly Exclusion: Concerns raised by the Deaf and Dumb Society were dismissed by an elite, male-dominated Constituent Assembly, which assumed that voting rights alone constituted adequate representation for disabled persons.
• Article 41’s Welfare Lens: By clubbing disabled persons with “the sick and the old,” Article 41 embeds a welfare–charity model, viewing disability as deficiency rather than a rights-based entitlement.
• Seventh Schedule Stereotyping: Entry 9 in the State List speaks of “relief of the disabled and unemployable,” implicitly branding disabled citizens as unproductive, reflecting an outdated, discriminatory understanding.
• Removal for ‘Infirmity of Body or Mind’: Linking physical/mental infirmity to incompetence enables arbitrary removal of officials, ignoring global examples like Stephen Hawking, who disproved the stereotype by achieving excellence despite severe disability.

About ‘Able Nationalism’

• Selective Empathy by the State: The concept of “Able Nationalism” suggests that state empathy is conditional and often reserved only for disabled individuals who succeed at extraordinary levels, such as Paralympians.
• Nationalistic Approval Bias: Positive language (like the Supreme Court calling them “signing sons and daughters”) is reserved for those who fit the nationalistic narrative and support the government
• Neglect of Dissenting Disabled Voices: Disabled individuals who question the state, such as G.N. Saibaba or Father Stan Swamy, often face denial of basic rights and medical needs while incarcerated, revealing discriminatory and punitive treatment.

Way Forward

• Shift to a Human Rights Model: The State must move away from a Medical Model that treats disability as illness and instead adopt a Human Rights Model that recognizes agency and entitlement.
• Review and Reform of Legal Language: Laws must be revised to eliminate stigmatizing terms such as “unemployable,” which reinforce harmful stereotypes about disabled persons’ capabilities.
• Adopt a Dignity-Centred Judicial Approach: Courts must interpret disability through the lens of dignity rather than charity, ensuring that disabled persons are treated as equal rights-bearing citizens.
• Apply the Capability Approach: Guided by Amartya Sen’s framework, the focus should shift to identifying and removing systemic barriers rather than focusing on individual impairments.
• Correct Constitutional Silences: The Constitution will become genuinely inclusive only when its outdated provisions and omissions related to disability are formally acknowledged and rectified.

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Conclusion

A truly inclusive Constitution requires dismantling outdated biases and ensuring that disability rights are grounded firmly in dignity, equality, and a modern rights-based framework.

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