Invisible Victims Of Development: Disability, Intergenerational Harm, And The Response Of International Human Rights Law

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Teesta Itilekha, Jindal Global Law School, O.P. Jindal Global University

ABSTRACT

Industrial and mining development activities are widely celebrated as symbols of national progress, but has produced generations of “Invisible victims”, whose disabilities and intergenerational harms remain unrecognised in the realm of law. The aim of this paper is to examine how toxic exposure from sites such as Jadugoda’s mines, Uranium mines in Navajo Nation (in US) and ultimately Bhopal Gas tragedy has resulted in congenital disorders and various chronic illnesses that extend way beyond immediate victims. Despite the presence of instruments like CRPD, ICCPR, ICESCR and UNGPs, these environmentally induced disabilities remain legally marginalised due to fragmented framework and weak corporate accountability. Through a comparative analysis of these case studies, this paper highlights structural gaps in India’s response, especially in recognising intergenerational disability. This paper also argues for a reconceptualization of justice that recognises time as a key dimension of accountability, mandates disability sensitive due diligence and finally integrates disability and chronic illnesses into environmental governance. True development is one in which life of present and future generations are protected and not sacrificed in the name of development.

Keywords: environmental disability, intergenerational harm, industrial development, human rights law, corporate accountability.

126. INVISIBLE VICTIMS OF DEVELOPMENT- DISABILITY, INTERGENERATIONAL HARM, AND THE RESPONS

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