Disability Rights Advocates Hopeful After Manifesto Promises on Constitutional Amendment
The release of manifestos during election season in India rarely sparks discussions on the rights of persons with disabilities. However, the latest manifestos from the Congress and CPI(M) have brought a ray of hope to the disability rights movement, as both parties have promised to include disability as a specific ground for discrimination under Article 15 (and Article 16) of the Constitution.
Currently, Article 15 of the Indian Constitution prohibits discrimination on grounds of “religion, race, caste, sex, place of birth, or any of them” but does not expressly include disability. Disability rights advocates have long demanded an amendment to Article 15 to address this glaring omission. In 2019, the UN Committee on the Rights of Persons with Disabilities reaffirmed this demand while reviewing India’s compliance with the UN Convention on the Rights of Persons with Disabilities (UNCRPD). To date, no steps have been taken in this direction.
The discourse on disability rights within the constitutional scheme has consistently overlooked the concerns of the disability rights movement. However, the movement has made significant strides since the Constituent Assembly debates. The adoption of the UNCRPD in 2006 and India’s ratification in 2007 marked significant steps towards recognizing the rights of persons with disabilities. The Rights of Persons with Disabilities Act, enacted in 2016, further extended protection from discrimination on the grounds of disability.
Despite these advancements, a constitutional amendment remains crucial. The current gap could be rectified by amending the Rights of Persons with Disabilities Act, but this would still leave the right against discrimination as a statutory right rather than a constitutional right. A constitutional amendment would signal a deeper commitment and provide a stronger remedy against discriminatory acts and omissions.
The inclusion of disability under Article 15 would be a historic step towards rectifying the injustice faced by persons with disabilities. While the judiciary could potentially extend the protection of Article 15 to persons with disabilities by treating it as an analogous ground, this approach is not a substitute for a specific constitutional amendment. It places the burden on litigants and ignores the systemic marginalization faced by persons with disabilities.
The promises made in the manifestos of the Congress and CPI(M) indicate a newfound political will to act on the demands of the disability rights movement. Disability rights organizations in India deserve credit for their consistent advocacy. The National Centre for Promotion of Employment for Disabled People (NCPEDP) and the National Disability Network (NDN) launched a groundbreaking manifesto for and by persons with disabilities in February 2024, urging political parties to prioritize the issues faced by the disabled community.
While electoral promises have a history of not being fulfilled in India, these commitments give hope that the movement will no longer face political apathy. India may be ready to shift the Overton window on the topic of disability rights. It is imperative that other political parties follow suit to ensure that the rights of persons with disabilities are enshrined in the Constitution, where they rightfully belong.
