The recognition and protection of the rights of persons with disabilities in India have evolved through constitutional guarantees, legislative enactments, and judicial interventions. India’s constitutional and legislative framework for persons with disabilities has progressively shifted from a welfare-oriented approach to a rights-based model, particularly after ratifying the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Key provisions include equality before law, prohibition of discrimination, and guarantees of inclusive education and accessibility under the Rights of Persons with Disabilities Act, 2016. The Indian Constitution lays the foundation for equality and non-discrimination, with provisions under Articles 14, 15, 16, 21, and 41 ensuring equal protection of laws, prohibition of discrimination, and the right to life with dignity. Despite these advances, implementation remains fraught with challenges. The Directive Principles of State Policy further mandate the state to promote welfare and secure social justice for marginalized groups, including persons with disabilities. Despite these advances, challenges persist in implementation, awareness, and infrastructural accessibility.

 

The main objective of the study is to present the Challenges in implement of constitutional and legislative provision for people with disability in India. The study, which is based on secondary data, aims to provide an overview of the recently passed "Rights of Persons with Disabilities Act, 2016" (RPWD) and find the obstacles to implement these provisions. This article critically examines the constitutional and legislative landscape governing disability rights in India, highlighting achievements, gaps, and the way forward towards an inclusive society.

 

Key Words: UN Convention on the Rights of Persons with Disabilities (UNCRPD), Indian Constitution, RPWD Act-2016, Legislative, Disability.