Assistant Professor of Law at TISS Mumbai, India.
The issues of disability in India has long suffered oversight in legal field. Though the civil society groups have strong voiced and advocated for the same voicing deprivation of right of disabled at different levels. The International Human Rights Instrument at Untied Nations have laid a progressive role in paving the way for enactment of laudable legislation as Rights of Persons with Disability Act 2016 in India following India’s commitment to United Nations Convention on Rights of Person with Disability under the constitutional mandate of Directive Principles of State policy. The main objective of this Act is to provide a right based perspective welfare approach and affirmative measures for person with disability. In light of this background, the main objective of this article is to first assess the implementation and consequent effect of this Act on persons with disability, second objective is to enumerate the impediments faced by persons with disability in exercise of rights guaranteed under Rights of Persons with Disability Act 2016, third objective is to examine the particular issues faced by persons with disability during pandemic and its impact on them, The main research issues in this article is to document comprehensibly the recent legislative and judicial decision on person with disability during pandemic and the limitations in the same. The gap between the law in text under Rights of Persons with Disability Act 2016 and its implementation at the grass root level. The research method used in this is qualitative research based on secondary sources. The literature review involves analysis of contemporary judicial and legal framework in India on Person with disability.
International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 1660 - 1676DOI: https://doij.org/10.10000/IJLMH.113209
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