International Journal For Multidisciplinary Research

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Awareness of Legal Protection, Offences, and Judicial Provisions under the Rights of Persons with Disabilities Act, 2016: A Doctrinal and Socio-Legal Study of Disability Rights in India with Special Reference to Hyderabad

Author(s) Dr. Durgesham G
Country India
Abstract Abstract
The notion of disability rights is becoming increasingly significant in modern times, focusing on equality, dignity, participation, and social inclusion rather than the traditional approach based on welfare and charity. In India, the enactment of the Rights of Persons with Disabilities (RPwD) Act, 2016 has brought about substantial transformation in the sphere of disability law by introducing the human rights-based approach which is in line with the international principles enshrined in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The purpose of the Act is to guarantee equality, non-discrimination, accessibility, reasonable accommodation, inclusive education, employment opportunities, social security, and proper legal protection for persons with disabilities.
While being a progressive piece of legislation, the implementation of disability rights still faces numerous obstacles including low awareness of legal protections, limited accessibility, various institutional obstacles, and problems with accessing justice. Legal awareness is the critical requirement since people can assert statutory rights only if they know about the available legal protections and remedies. The lack of awareness on the part of persons with disabilities, caregivers, employers, educational institutions, and public authorities results in poor implementation of legal protections and discrimination.
The present study adopts the doctrinal and socio-legal approach to examine awareness of legal protection, offences, and judicial provisions under the RPwD Act, 2016 with special reference to Hyderabad, Telangana. The study examines the constitutional foundations of disability rights, statutory protections guaranteed under the RPwD Act, penal provisions concerning violations of disability rights, and the role of judicial decisions in the development of disability jurisprudence in India. Moreover, the study will explore practical issues related to accessibility, implementation, and awareness in the urban area like Hyderabad where development, technologies, and increasing availability of public services give rise to both opportunities and obstacles for persons with disabilities.

The study suggests that while having an effective legal framework, India needs to make efforts for better implementation of disability rights through greater legal literacy, stronger institutional frameworks, more accessibility and the involvement of persons with disabilities in the policy-making process. Increasing the level of awareness and improving enforcement measures is vital for the transformation of disability rights from legislative requirements into reality.
Keywords Keywords: Rights of Persons with Disabilities Act, 2016; Disability Rights; Legal Awareness; Accessibility; Judicial Protection; Offences and Penalties; Human Rights; Reasonable Accommodation; Hyderabad; India.
Published In Volume 6, Issue 3, May-June 2024
Published On 2024-05-10
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E-ISSN 2582-2160
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CrossRef DOI prefix of IJFMR is 10.36948/ijfmr

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