Status of Disabled Women in India - A Psycho-Social and Legal Analysis

Abstract

The objective of this study is to analyze what problems disabled women face in culturally traditional and gendered Indian society and access how far Indian legislations, International declarations, and conventions are successful in resolving these problems. This paper discusses how disabled women are perceived in Indian history and society and what happens at the intersection of gender and disability with the disability movement in India being largely male- dominated. An attempt is made to examine the United Nations Declaration on the Rights of Disabled Persons, 1975, the Convention on the Rights of Persons with Disabilities adopted in 2006 (which came into force in 2008), and two Indian legislations: the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,1995, and the Rights of Persons with Disabilities Act, 2016 (hereinafter referred as PWD Act and RPWD Act respectively). India is a signatory to the Convention on the Rights of Persons with Disabilities,2008. RPWD Act of 2016 came into force to give effect to the United Nations Convention on the Rights of Persons with Disabilities. RPWD Act of 2016 replaced the PWDAct of 1995. It was found that the PWD Act of 1995 was not inclusive of disabled women but the RPWD Act of 2016 made major strides in recognizing the rights of disabled women. But still, there are some weaknesses as far as the implementation of the RPWD Act is concerned in letter and spirit. Also, this Act doesn’t completely address the practicable problems which women with disabilities face in their lives.