Abandoning Ableist Perspectives for Equal Participation of Persons with Disabilities – Insights from CJI DY Chandrachud

Priyanshu

In a significant address at the 7th National Conference for Lawyers with Disabilities in Bengaluru, Chief Justice of India (CJI) DY Chandrachud called for a transformative shift in societal attitudes towards persons with disabilities. Highlighting the entrenched nature of ableist perspectives, CJI Chandrachud emphasized the urgent need to abandon such viewpoints to ensure the equal participation of individuals with disabilities in all spheres of life.

Key Highlights:

  1. Statistical Data on Disabilities:– CJI Chandrachud underscored the critical need for comprehensive statistical data on persons with disabilities. He stressed that reliable data is essential for formulating effective policies and ensuring the meaningful inclusion of disabled persons in various sectors.
  2. Legal Framework and Implementation:– The Chief Justice highlighted the existing legal framework, particularly the Rights of Persons with Disabilities Act, 2016, which mandates non-discrimination and equal opportunities. However, he pointed out the gap between legislative intent and ground realities, calling for robust implementation mechanisms to bridge this gap.
  3. Cultural and Structural Barriers:– Addressing cultural and structural barriers, CJI Chandrachud noted that societal perceptions of disability must evolve. He advocated for the dismantling of physical and attitudinal barriers that hinder the full participation of disabled individuals in society.
  4. Educational and Employment Opportunities:– Emphasizing the importance of access to education and employment, CJI Chandrachud remarked that equal opportunities in these areas are pivotal for empowering persons with disabilities. He called for inclusive educational practices and supportive workplace environments that accommodate diverse needs.
  5. Role of the Judiciary:- Reflecting on the judiciary’s role, CJI Chandrachud reaffirmed the commitment of the courts to uphold the rights of persons with disabilities. He highlighted recent judgments that have reinforced the principles of equality and non-discrimination, setting precedents for future cases.

Legal Implications and Future Directions:

This call to action by the Chief Justice is a clarion call for all stakeholders, including policymakers, legal professionals, and civil society, to work towards a more inclusive society. The abandonment of ableist perspectives requires a concerted effort to rethink and redesign societal structures, ensuring that persons with disabilities can participate equally and fully.

The legal community, in particular, has a crucial role to play in this transformation. Lawyers and judges must continue to advocate for the rights of persons with disabilities, ensuring that the principles enshrined in the Constitution and international conventions are translated into reality.

This initiative by CJI DY Chandrachud represents a pivotal moment in the journey towards an inclusive society where the rights and dignity of persons with disabilities are fully recognized and upheld.