CEU Electronic Theses and Dissertations, 2022
| Author | Sharma, Meghna |
|---|---|
| Title | Right Of Equality And Non-Discrimination For Persons With Disabilities: Need Of Constitutionalisation Under Article 15 Of The Constitution Of India |
| Summary | The Constitution of India prohibits discrimination on the basis of religion, race, caste, sex, and place of birth (Article 15), but not on the basis of disability. This omission has recently come under a lot of criticism, from the CRPD committee and from the disability rights activists and organizations. There has been a constant demand to include disability as a prohibited ground of discrimination under Article 15. This thesis goes behind this demand and explores the need and importance of constitutionalizing disability into the Constitution of India by including it as an enumerated ground of discrimination under Article 15. The thesis relies on an extensive assessment of the domestic legal framework in India to assess the current position on the right of equality and non-discrimination for persons with disabilities in India. This assessment reveals that the current legal framework not only creates limitations on the rights of disabled persons but also demonstrates a pattern of institutional ableism. I contrast this position with the relative position of the right to equality and non-discrimination in South Africa, where disability has been specifically enumerated as a ground of discrimination. It was found that a strong constitutional commitment to equality and non-discrimination for persons with disabilities guides the courts at all levels of the judicial process in South Africa. Therefore, it is argued that right of equality and non-discrimination should be constitutionalized in India and elevated from a statutory right to a constitutional right. This is necessary to undo the historical injustice of institutional ableism against persons with disability and place them as rights holders along with other minorities. The specific importance of Article 15 over the general equality claim under Article 14 is highlighted in this regard. Comparing and contrasting the positions in India and South Africa, it is also argued that constitutionalization should happen by including disability as an enumerated ground of discrimination under Article 15 over the alternative of recognizing it as an analogous ground under the same provision. For this purpose, this thesis highlights the advantages and disadvantages of both approaches. The thesis concludes with the idea that the Indian state should constitutionalize the right of equality and non-discrimination for persons with disabilities under Article 15 of the Constitution through a constitutional amendment that specifies disability as a prohibited ground of discrimination. |
| Supervisor | Prof. Renata Uitz |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2022/sharma_meghna.pdf |
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