Reimagining Disability Rights in India: Judicial Interpretation and the Human Rights Paradigm

Rashmi Giri

doi:10.36948/ijfmr.2026.v08i02.73528

Reimagining Disability Rights in India: Judicial Interpretation and the Human Rights Paradigm

Author(s)	Ms. Rashmi Giri
Country	India
Abstract	The discourse on disability rights in India has shifted radically from a welfare-centric and charity-oriented approach to a human rights approach based on dignity, equality, and inclusion. This research paper examines this shift by analysing the conceptual evolution of disability from the medical model to the human rights model, focusing on the role of sociocultural obstacles in shaping disability. It emphasizes the role of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in redefining disability as a rights-based issue and shaping India's legislative framework. The paper analyses the Rights of Persons with Disabilities Act of 2016 as a legal development that aligns domestic legislation with international standards by expanding the definition of disability, prohibiting discrimination, and implementing the principle of reasonable accommodation. The role of the court in promoting disability rights through progressive interpretation of constitutional protections under Articles 14 and 21 is an important focus of this research. The study highlights the shift from formal equality to substantive equality by analysing landmark and recent case laws, particularly by adopting principles like accessibility and reasonable accommodation as enforceable rights. Despite these advancements, there are major challenges that still persist in implementing the rights, including institutional gaps, infrastructural barriers, and societal stigma. The paper argues that while the legal framework reflects a progressive human rights approach, its effectiveness depends on proper enforcement, awareness, and inclusive policymaking. It concludes that achieving substantive equality requires sustained legal, institutional, and social transformation.
Keywords	Disability rights, human rights model, CRPD, RPWD Act 2016, reasonable accommodation, substantive equality, judicial interpretation
Published In	Volume 8, Issue 2, March-April 2026
Published On	2026-04-03
DOI	https://doi.org/10.36948/ijfmr.2026.v08i02.73528

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Reimagining Disability Rights in India: Judicial Interpretation and the Human Rights Paradigm

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