Background:
Political manifestos rarely discuss disability rights, but recent promises by Congress and CPI(M) spark optimism.
Article 15 of the Indian Constitution prohibits discrimination based on religion, race, caste, sex, etc., but not disability.
Demand for Amendment:
The disability rights movement has long demanded amending Article 15 to include disability as a ground for discrimination.
The UN Committee on the Rights of Persons with Disabilities supports this amendment.
The Rights of Persons with Disabilities Act (2016) offers some protection, but it's a statutory right, not a constitutional one.
Arguments for Amending Article 15:
A constitutional right against disability discrimination would be stronger and more difficult to violate.
Including disability in Article 15 would be a step towards equal rights and ending historical injustice.
There is a precedent for adding grounds to Article 15 (Supreme Court ruling on sexual orientation in 2018).
Why Amending the Act Isn't Enough:
Amending the Act wouldn't elevate the right to the level of a constitutional right.
The Act's clause on "legitimate aim" leaves room for discriminatory actions.
Shortcomings of Analogous Grounds Approach:
Treating disability as an analogous ground (similar to existing grounds) requires litigation.
This approach ignores the specific challenges faced by people with disabilities.
The government, not the judiciary, should take responsibility for addressing this gap.
Hope for Progress:
Recent political promises and advocacy efforts by disability rights groups raise hope for change.
This might indicate a shift in public discourse on disability rights.
It argues that amending the Constitution is necessary to ensure stronger legal protection against disability discrimination in India.
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