Answer

Introduction

Persons with disabilities (PWDs) in India have long faced stigma and marginalisation, restricting access to education, employment, and public life. The Rights of Persons with Disabilities (RPwD) Act, 2016 recognized PWDs as equal citizens and mandated accessibility, anti-discrimination measures, and affirmative action

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Challenges faced by PWDs, referencing Supreme Court judgements

• Social Stigma and Negative Stereotyping:PWDs are often seen as pitiable or inferior, with media portraying them in patronising or comedic ways, undermining their dignity.
  Eg: Supreme Court in Nipun Malhotra v. Sony Pictures Films (2024) emphasized that media portrayals must uphold constitutional values and the Rights of Persons with Disabilities Act, 2016.
• Barrier to Equal Participation: PWDs face obstacles in education, employment, and public spaces due to lack of accessibility and entrenched societal biases.
  Eg: In Subramanian Swamy v. Union of India (2016), the Supreme Court held that freedom of speech under Article 21 cannot compromise individual dignity, including that of PWDs.
• Legal Recognition vs. Implementation Gap: Although Article 15 and the RPwD Act guarantee equality and dignity, inadequate enforcement leads to continued marginalisation.
• Cultural and Historical Taboo: Disabilities are often seen as moral punishment or personal misfortune, reinforcing social exclusion.
  Eg: Indian films like Jeevan Naiya (1936) and comedies like Pyare Mohan (2006) perpetuate such stereotypes.
• Vulnerability to Discrimination and Abuse: PWDs are disproportionately affected by discriminatory practices, harassment, and exclusion in daily life and civic participation.
  Eg: Indibly Creative v. Government of West Bengal (2019) held that satire targeting marginalised groups cannot override constitutional protections under Article 19(2).

Measures for effective inclusion and equal participation

• Dignified and Inclusive Representation: Promote positive portrayals in media, removing stereotypes and highlighting agency, ability, and achievements of PWDs.
• Strengthening Legal and Policy Frameworks: Ensure strict implementation of the RPwD Act, accessible infrastructure, and monitoring mechanisms for equality in education, employment, and public spaces.
• Accessible Education and Skill Development: Inclusive curricula, assistive technologies, and vocational training to empower PWDs with skills for economic independence.
• Awareness and Sensitization Programs: Public campaigns to change societal attitudes and reduce stigma, focusing on dignity, rights, and potential contributions of PWDs.
• Active Participation in Governance and Decision-Making: Involve PWDs in policymaking, advisory boards, and committees to ensure policies reflect their needs and priorities.
• Social and Technological Support: Promote assistive devices, barrier-free public spaces, and digital accessibility to enhance mobility, communication, and participation in societal activities.

Conclusion

Effective inclusion requires societal attitudinal change, accessible infrastructure, and implementation of inclusive policies. Promoting equal opportunities and awareness will enable PWDs to participate fully, fostering a truly inclusive society.

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