Disability Rights And Reasonable Accommodation: Balancing Equality And Non- Discrimination

Disability Rights And Reasonable Accommodation: Balancing Equality And Non- Discrimination in Education

Yashaswini Bahuguna, B.A. (H) Sociology, Miranda House, University of Delhi, India

ABSTRACT

This paper examines the concept of disability rights and reasonable accommodation, specifically focusing on balancing equality and non- discrimination. The Right to Equality is a fundamental principle enshrined in the Indian Constitution. It ensures that all individuals, including persons with disabilities, are treated fairly and without prejudice. However, achieving equality for persons with disabilities often requires reasonable accommodations for them to participate fully in society. In the context of disability rights, reasonable accommodation means necessary modifications and adjustments in order to ensure that persons with disabilities enjoy or exercise rights equally with others. The paper explores the legal framework and jurisprudence surrounding disability rights and reasonable accommodation in India. It examines the challenges faced in implementing reasonable accommodation, especially in the field of education. The findings contribute to the ongoing discourse on disability rights and provide insights into the practical implementation of reasonable accommodation measures in India, especially the reservation policies. By examining the nuances and complexities of this issue, the research aims to inform policy and legal developments better to ensure the realisation of equality for persons with disabilities.

Keywords: Disability Rights; Equality; Rights Discourses; India; Inclusivity; Accessibility