Abstract

The analysis of Nivedita Menon’s work regarding gender binaries serves as a foundation for this paper’s assessment of medicalized and exclusionary structures within Indian disability law. The paper demonstrates how gender and disability represent two categories which society constructs through fluid systems that previously operated under strict societal norms and capitalist productivity standards. By examining legal judgments such as LIC v. Chief Commissioner for Disabilities and Naveen Kumar v. University of Delhi, the paper illustrates how courts have either reinforced or challenged ableist assumptions. The analysis demonstrates the necessity to move away from disability models based on individual patient care to a social system which understands workplace relationships and inclusion. The "ideal worker" standard maintains its basis from gendered and ableist perspectives which results in double marginalization of women and disabled persons. The paper uses an intersectional analysis to expose the dual disadvantage faced by disabled women while advocating for rights-based decision-making processes that prioritize minority community perspectives. This paper recommends fundamental reforms to laws together with institutions alongside cultural elements which should demonstrate human diversity and establish authentic inclusion.

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