Amita Dhanda Professor of law and Head Centre for Disability Studies NALSAR University of Law Hyderabad Two Constitutions with a Bill of Rights Laws need to come good on that touchstone to be seen as law ID: 606608
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Slide1
The Legacy of Rights and the Right to have Rights and Use them
Amita
Dhanda
Professor of law and Head
Centre for Disability Studies, NALSAR University of Law, Hyderabad Slide2
Two Constitutions with a Bill of Rights Laws need to come good on that touchstone to be seen as law
Life Liberty Equality are critical to the discourse
All these rights have received both formal and substantive interpretationsHow have these rights impacted on persons with disabilities?
Rights as touchstone Slide3
As objects of welfare
Duties of social security and succor placed on the State
Political Rights denied---- be it the right to vote ; or stand for election; or hold public office Critical that such consequences occur only if the disability is pronounced by a competent court.
In the text of the Constitution Slide4
The Indian Constitution did envisage that Persons with disabilities especially intellectual and psychosocial disabilities could be denied rights
However It required that such denial should be according to a fair process with judicial oversight.
Critical Significance of Fair ProcessSlide5
With the liberalization of locus standi when Courts activated to remedy the pitiable state of institutions
Denial of the right to liberty beyond legitimate limits
Class Actions for Substantive Equality in Employment Accessibility Agitations
Engagement of Persons with Disabilities with the Constitution Slide6
All these engagements resulted in relief Whether the motivations were rights based or welfarist or an amalgam of the two subject to question
Often prompted by outrage and efforts at setting floor levels
Benefits of Judicial Activism Slide7
Four statutes with different objectives and a range of provisions in a plethora of statutes.
Primarily guaranteeing socio-economic rights
Or legitimizing the deprivation of civil political rights - these statutes were primarily perceived as fulfilling the constitutional requirement of denying liberty according to a statutorily prescribed procedure.
The Statutory Scenario Slide8
Benefits strong jurisprudence Glimpses of Autonomy, Choice, Participation, Voice : Desultory not Sustained Engagement
Evocative Awareness of the Convention in legislation, policy and adjudication
Taking StockSlide9
Awakened Community and Strong Civil Society
Demands for Autonomy are present across sectors
Issues of Autonomy and Choice on legislative Agenda whether as text or Critique
Strong Presence of Judicial Activism and a persistent activation of the Courts
Programmatic Interventions Recognizing the Value of Self Advocacy
Planning for Future Slide10
So where are we in this journey to recognize legal capacity of all persons with disabilities ?
We are neither there
; nor not there Somewhere caught between the battle of the old and the young
A battle, in which, time is in favour of the young
On Balance