Overview Of The Rights Of Person With Disabilities: A Human Rights Approach


  • Dr. Ram Charan Meena, Affiliation: (Assistant Prof.)Government Law College, Dholpur, (Rajasthan)–328001 Email Address: rcmeena9011@gmail.com,Affiliation: (Assistant Prof.)Government Law College, Dholpur, (Rajasthan)–328001 Email Address: rcmeena9011@gmail.com https://orcid.org/0000-0002-2866-6942




Disabled,, Human Rights,, Constitution,, Social Awareness,, Development.


Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights.

The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.


Metrics Loading ...


United Nations Development Programme, Official Records, UN Document available athttp://www.un.org/disabilities/default.asp?id=18, last access on 16thMarch, 2021.

Jose Murickam S.J. and Georgekutty K., Persons with Disabilities in Society,Kerala Federation of the Blind, Trivandrum, [1995], at p. 2.

James D. Wolfensohn,Poor, Disabled and Shut Out, Washington Post,3rdDecember, 2002

World Health Organization, World Report on the Disability, 2011.


The World Bank recognizes that increases in global disability are a serious threat to economic development and political stability. [Gary L. Albrecht, Katherine D.Seelman and Michael Bury, ―Introduction:The Formation of Disability Studies‖ in Gary L. Albrecht, Katherine D. Seelman and Michael Bury (eds.), Handbook of Disability Studies,Sage Publications, Thousand Oaks, (2001), at p. 7]; A report on the disabled Americans by Institute of Medicine long back in 1991 said: ―Disability ranks as the nation’s largest public health problems, affecting not only individuals with disabling conditions and their immediate families, but also society at large‖, [Joseph P. Shapiro, No Pity:People with Disabilities Forging a New Civil Rights Movement, Universal Book Traders, Delhi, (1994), at pp. 6–7]

Office of the High Commissioner for Human Rights, Monitoring the Convention on the Rights of Persons with Disabilities:Guidance for Human Rights Monitors, United Nations, New York and Geneva, [2010], at p. 7.

Colin Barnes, Geof Mercer and Tom Shakespeare, Exploring Disability:A Sociological Introduction,Polity Press, Cambridge, UK, [1999], at p. 11

Gerard Quinn and Theresia Degener, Human Rights and Disability: The Current Use and Future Potential of United Nations Human Rights Instruments in the Context of Disability, United Nations, New York and Geneva, [2002], at p. 39; The term ―minority‖ refers to a group of people who are numerically less and are in a disadvantaged position compared to the rest of the population and/or who plays a minor role in decision making, including decision that affect them

Mani Rama, Physical Handicapped in India Policy and Programme, Ashish Publishing House, Delhi, [1988], at p. 14.

Lees Dennis and Stella Shaw, Impairment Disability and Handicap, [1974], at p. 142.

UNGS Resolution, 3447[XXX], 9thDecember, 1975.

Article 1 of the UNGS Resolution, 3447[XXX], 9thDecember, 1975.

Adopted by United Nations General Assembly Resolution No. 217 III, 10thDecember, 1948

Adopted by United Nations General Assembly Resolution No. 2200–A XXI, 16thDecember, 1966

Article 14 of the Indian Constitution

Articles 15 and 16 of the Indian Constitution.

AIR 1999 SC 512

[1995] Supp.[4] SCC 505.

[1986] 3 SCC 632.

[1993] 2 SCC 411



How to Cite

Dr. Ram Charan Meena,. (2021). Overview Of The Rights Of Person With Disabilities: A Human Rights Approach. Legal Research Development, 5(IV), 34–42. https://doi.org/10.53724/lrd/v5n4.06