INCLUSIVE EDUCATION AND CONSTITUTIONAL TRANSFORMATIVE JUSTICE: EXAMINING THE RIGHTS OF CHILDREN WITH DISABILITIES IN INDIA

Subhadra Hansda; Parimita Dash

doi:10.36948/ijfmr.2026.v08i03.80682

INCLUSIVE EDUCATION AND CONSTITUTIONAL TRANSFORMATIVE JUSTICE: EXAMINING THE RIGHTS OF CHILDREN WITH DISABILITIES IN INDIA

Author(s)	Ms. Subhadra Hansda, Dr. Parimita Dash
Country	India
Abstract	Inclusive education forms an integral part of equality, dignity and social justice in contemporary-day constitutional democracies. The paper critically analyses the inclusive education for children with disabilities in India through doctrinal analysis of the constitutional provisions, statutory framework, judicial interpretation and international human rights obligations. This article is based on Articles 14, 21 and 21A of the Constitution of India, which collectively provide the constitutional basis of substantive equality, dignity and right to education. The study also talks about the legal regime under the Right of Children to Free and Compulsory Education Act, 2009 and the Rights of Persons with Disabilities Act, 2016 and India’s obligations under the United Nations Convention on the Rights of Persons with Disabilities and the United Nations Convention on the Rights of the Child. The paper traces the evolution of disability jurisprudence from the welfare model to the rights model of reasonable accommodation, accessibility and substantive inclusion. The paper investigates judicial pronouncements such as Jeeja Ghosh v. Union of India, Vikash Kumar v. UPSC to comprehend the constitutionalisation of reasonable accommodation and accessibility rights. The report highlights the presence of persistent institutional barriers including inaccessible infrastructure, lack of teacher training, digital exclusion and weak enforcement mechanisms, and states: It finds that inclusive education has potential in India within a progressive constitutional and statutory framework but the effective realization of inclusive education requires greater institutional accountability, enforceable duties to accommodate, standards for accessibility and comprehensive monitoring mechanisms to translate constitutional guarantees into substantive educational inclusion.
Keywords	KEYWORDS: Inclusive Education; Children with Disabilities; Substantive Equality; Right to Education; Disability Rights; Educational Inclusion; RPwD Act, 2016; RTE Act, 2009; Human Rights; UNCRPD; UNCRC.
Published In	Volume 8, Issue 3, May-June 2026
Published On	2026-06-06
DOI	https://doi.org/10.36948/ijfmr.2026.v08i03.80682

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INCLUSIVE EDUCATION AND CONSTITUTIONAL TRANSFORMATIVE JUSTICE: EXAMINING THE RIGHTS OF CHILDREN WITH DISABILITIES IN INDIA

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