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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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Definition of Disability

Definition of Disability

Chapter:
(p.27) Chapter 2 Definition of Disability
Source:
The Future of Disability Law in India
Author(s):

Jayna Kothari

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198077626.003.0010

This chapter analyses the definition given to disability under the Persons with Disabilities (PWD) Act in India and compares it with the definitions given to disability by some of the disability legislations in other jurisdictions and under the United Nations Convention on the Rights of Persons with Disabilities (CRPD). It contends that the definition of disability is one of the most regressive aspects of the PWD Act and is highly problematic as it is extremely narrow and medically oriented. It discusses some progressive judgments where the courts have expanded the definition of disability and provides recommendations on how the problems of such a narrow definition of disability can be addressed.

Keywords:   disability, CRPD, judgments, courts, disability legislations

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