Legal Safeguards And Barriers: A Critical Analysis Of Disability Rights For Professors In Higher Education
- IJLLR Journal
- Apr 14
- 2 min read
Vanshika Srivastava, National Forensic Sciences University, Delhi
Introduction
The inclusion of professors with disabilities in academia is not merely a matter of legal compliance but a profound ethical and jurisprudential issue. It raises fundamental questions about the nature of rights, the role of institutions in fostering inclusion, and the moral obligations of society toward individuals with disabilities. In a world where education is often seen as the great equalizer, the barriers faced by disabled academics reveal a troubling gap between the ideals of equality and the realities of exclusion. This essay seeks to explore these questions through various jurisprudential lenses, with a particular focus on India’s legal framework, while also engaging with broader philosophical debates on disability rights.
The issue of disability in academia is not confined to physical accessibility or reasonable accommodations; it extends to the very heart of how society values and integrates individuals with disabilities. Professors with disabilities are not only educators but also role models, researchers, and contributors to the intellectual and cultural fabric of society. Their exclusion or marginalization, therefore, represents a loss not only for them but for the academic community and society at large. Yet, despite significant advancements in disability rights globally, disabled professors continue to face systemic barriers, ranging from inaccessible infrastructure to implicit biases and institutional indifference.
This essay is structured to provide a comprehensive analysis of the rights, inclusion, and institutional obligations concerning professors with disabilities. It begins by examining the tension between legal positivism and natural law in defining disability rights, highlighting the limitations of legal frameworks and the moral imperatives that transcend them. Next, it explores the real-world impact of disability laws through the lens of sociological jurisprudence, focusing on the institutional barriers and social attitudes that shape the experiences of disabled professors. The essay then critiques systemic barriers and power dynamics using critical legal studies, emphasizing the intersectionality of disability with other forms of marginalization.
