Legal Rights And Policies For Disabled People: An Indian Perspective

Gazal Gupta & Akshay Sharma, Manipal University, Jaipur

Introduction

A person with a disability was considered a “patient” subject to a cure or persistent medical care. The condition was seen as disabling; the social reactions to it were justified, and the barriers inevitable. This describes what came to be known as the medical model of disability. A competing position has emerged during the last 20 years called the social model of disability. Rather than a medical reality, this model views disability primarily as a social construct; the physical and attitudinal barriers prevalent in society. An individual has an impairing condition requiring daily adaptation, but these barriers in essence are the bulk of her/his problem. Some of the commonly identified barriers to the inclusion and full participation of a person with such a condition may include, but are not limited to, attitudinal, communication, policy, programmatic, social, transportation, as well as physical barriers.1 The disabled, specially-abled, handicapped or Divyangjan are the most vulnerable section of this capitalist society due to many factors such as poor education, lack of family support, lack of representation, low social security and health benefits etc. According to WHO (World Health Organization), “Disability results from the interaction between individuals with a health condition such as cerebral palsy, Down syndrome and depression as well as personal and environmental factors including negative attitudes, inaccessible transportation and public buildings, and limited social support”.