FROM "OBJECTS OF SYMPATHY" TO "SUBJECTS OF RIGHTS": REIMAGINING DISABILITY RIGHTS IN INDIA WITH "DOCTRINE OF SUBSTANTIVE EQUALITY" AND "DOCTRINE OF REASONABLE ACCOMMODATION"
Harshita Tholiya, Research Associate at High Court of Judicature, Allahabad, (India)
Manik Tindwani, Advocate at Rajasthan High Court, Jaipur (India)
Indian disability law has moved far from treating “persons with disabilities” as “objects of sympathy” to treating them as “especially abled individuals” as “subjects of rights”, but ground reality is still far aloof from this doctrinal vision. This paper challenges charity model and medicalised view that disability lies mainly in defective body or mind. It argues that Indian law now speaks different language. The Supreme Court’s disability handbook adopts social model and explains that disablement often comes from social, institutional, communicational, legal, and attitudinal barriers rather than impairment alone. The Rights of Persons with Disabilities Act, 2016, read with UN Convention on Rights of Persons with Disabilities, places dignity, autonomy, participation, accessibility, equality of opportunity, and reasonable accommodation at centre of disability justice. The Court’s recent decisions deepen that shift. Pragya Prasun v Union of India, 2025 INSC 599 treated inaccessible digital KYC systems as exclusion from essential services and ordered structural accessibility measures. Sujata Bora v Coal India Limited, 2026 INSC 53 linked accommodation in public employment with Articles 14, 21, and 41, and rejected bureaucratic technicalities that would defeat equal opportunity. The real crisis now is enforcement and on-ground implementation. Rights exist in statute, in constitutional doctrine, and in judgments. Yet persons with disabilities still litigate for basic access to education, employment, courts, services, and technology. This paper therefore argues for eight practical and implementable “Ashtvakra Reforms” that convert on-paper guarantees into everyday inclusion through timelines, audits, digital standards, institutional cells, intersectional governance, and stronger efficacious remedies.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 557–581. |
| 🔗 Creative Commons | © Copyright |
| This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . | © Authors, 2026. All rights reserved. |