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The Future of Disability Law in IndiaA Critical Analysis of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995$
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Jayna Kothari

Print publication date: 2012

Print ISBN-13: 9780198077626

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780198077626.001.0001

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Equality in the Context of Disability

Equality in the Context of Disability

The Right to be Different but Equal

Chapter:
(p.1) Chapter 1 Equality in the Context of Disability
Source:
The Future of Disability Law in India
Author(s):

Jayna Kothari

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198077626.003.0009

This chapter examines the concept of equality for persons with disability in the context of the Persons with Disabilities (PWD) Act of 1995 in India. It suggests that while the PWD Act is possibly the first anti-discriminatory piece of legislation in India for persons with disabilities, it is limited in scope as it does not make out a full case for equality for all persons with disability. It proposes the application of the principle of substantive equality to address the flaws of the PWD Act and reviews how equality and non-discrimination under the Indian Constitution have been interpreted in some Supreme Court cases in the field of disability. It argues that argues that disability can be considered as a ground analogous to the enumerated grounds for discrimination under Article 15(1) and, therefore, can be appropriately considered as a marker for non-discrimination.

Keywords:   equality, persons with disability, Indian Constitution, Supreme Court cases, discrimination

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