Bridging The Gap Between Law And Reality: An Analysis Of The Rights Of Persons With Disabilities Act, 2016
- IJLLR Journal
- Aug 8
- 1 min read
B Bhuvaneswari, B.Com. LL.B. (Hons.), Sree Narayana Law College, Poothotta, Ernakulam, Kerala
Hridya Vinod, B.B.A LL.B. (Hons.), Sree Narayana Law College, Poothotta, Ernakulam, Kerala
There is no greater disability in society, than the inability to see a person as more.
-Robert M. Hensel
ABSTRACT
The enactment of the Rights of Persons with Disabilities Act, 2016 marked a significant shift in India's approach towards disability rights by replacing the welfare-oriented framework of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 with a rights-based model consistent with the constitutional guarantee of equality and India's obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The Act broadens the scope of recognised disabilities, strengthens legal safeguards against discrimination, and promotes accessibility, inclusive education, equal employment opportunities, and social security for persons with disabilities. Despite these progressive reforms, effective implementation continues to face considerable challenges, including inadequate accessibility, limited institutional capacity, inconsistent enforcement, and lack of public awareness. This article critically examines the legal framework established by the Rights of Persons with Disabilities Act, 2016 and evaluates the extent to which its objectives have been realised in practice. Adopting a doctrinal research methodology, the study analyses constitutional provisions, statutory provisions, and significant judicial pronouncements to assess the effectiveness of the legislation. It concludes that while the Act represents a landmark advancement in protecting the rights and dignity of persons with disabilities, its transformative potential can only be achieved through stronger implementation mechanisms, greater institutional accountability, and sustained governmental commitment to creating an inclusive and accessible society.
