International and Indian Legal Framework for Disabled

Disability is a condition in which a person is limited to conducting daily activities. Indian Constitution has declared India as a welfare state and secures to citizens including disabled, right of justice, freedom of speech & expression, worship, equal status & opportunity. Article 15(1) & 15(2) of the Constitution states that the state & government cannot discriminate against any citizen of India including disabled people on the basis of caste, race, religion or on the basis of any disability. According to 2011 census in India 2.68 Crores persons are disabled (8 types of disability)which constitute 2.21% of the total population of India. Majority are present in the rural areas i.e. 69%. Various Human right Conventions also make it obligatory on the States to take effective steps to protect human rights of every section of the society. In order to fulfill the obligations under these Conventions, certain legislations have been passed by the Indian parliament. These legislations provide certain rights and concessions to the persons with disability. The annual observance of 3 December as the International Day of Disabled Persons was proclaimed in a UN General Assembly Resolution on 14 October, 1992. Through this paper an attempt has been made to bring legal and constitutional of differently abled persons as well as the nature of disability acts for the protection of their rights and its progress thru judiciary.