From Tokenism To Transformation: Implementing Accessible Elections As A Constitutional Mandate
Himangi Gusain & Lavisha Kapil, VIPS, GGSIP University
Introduction
As the world’s largest democracy, India’s electoral process is often celebrated for scale yet for decades persons with disabilities have been sidelined to the margins of the electoral process not due to the legal exclusion but as a product of structural flaws. The obstacles ranging from inherently inaccessible infrastructure at polling sites to unreadable voter information have unfortunately transformed voting from a fundamental right into an act of charity.
The State’s historical attempts at electoral inclusion of persons with disabilities have been largely symbolic ranging from installation of temporary ramps, optional postal ballots to ad- hoc accessibility guidelines these measures have functioned as administrative quick fixes rather than viable solutions. Such initiatives though well intentioned reflect tokenism. In order to solve the concern beforehand it is necessary to distinguish tokenism from a transformational approach. Tokenism creates an illusion of accessibility and views it as an add on welfare measure heavily relying on administrative discretion. In contrast, transformation regards long- term commitments and non-performative inclusion. In the electoral context, the latter approach would view accessibility as a non-negotiable constitutional mandate flowing from the basic tenets of a democracy.
Judiciary has been actively vocal in catalyzing this shift and demanding administrative accountability. In a recent landmark decision, Supreme Court affirmed that a person with disabilities’(PwDs) right to accessibility of opportunities and physical environment is intrinsic to the enjoyment of fundamental rights enshrined in Part III of the Constitution. Former Chief Justice of India D.Y Chandrachud observed that “disability is tragedy only if society fails to provide the differently-abled with things essential to lead their lives.” This reasoning highlights a decisive shift from viewing disability as a personal limitation to now recognizing it as a systemic failure.
