The Future of Disability Law in India: A Critical Analysis of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995

By: Jayna Kothari

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Synopsis: According to some estimates, there are around 20 to 60 million people with disability in India. For long this invisible minority went without any kind of protection or even legislation aimed at recognizing their basic rights. It was only in 1995 that the government passed the Persons with Disabilities (PWD) Act, which addressed the issues of non-discrimination, right to equal opportunity, and affirmative action for persons with disabilities for the first time. This book is a critical and comprehensive analysis of the PWD Act. It examines the Act from a historical perspective, giving an overview of the various legal approaches towards addressing disability-related discrimination. The author critically examines the various provisions of the Act—the definition of disability, affirmative action, equal opportunities in education, reservation in employment, and implementation. The volume also offers an international perspective on disability law by comparatively analysing Indian disability law with international jurisprudence. Taking into account the judgments of the Supreme Court and various high courts, it presents a forward thinking interpretation of the Act in light of the UN Convention on the Rights of Persons with Disabilities which India has ratified.