Chief Justice of India DY Chandrachud emphasised the need for more inclusive policies and infrastructure for persons with disabilities during his inaugural address at the India Accessibility Summit and State Disability Commissioners’ Conclave 2024. He pointed out that much of India’s physical infrastructure and policy framework remain ableist, leading to a cycle of exclusion for those with disabilities.
“Physical infrastructure and policy considerations are often ableist, arising from and reinforcing the exclusion of persons with disabilities,” stated CJI Chandrachud. “Our architectural models, intellectual resources, and choices of design frequently reflect a singular ableist perspective. This creates barriers that exclude people from equal participation in society, economy, and culture.”
Observation
He noted that the Rights of Persons with Disabilities Act 2016 represented a significant shift from the earlier 1995 Act, which viewed disability as an individual issue rather than one stemming from societal barriers. The 2016 Act, influenced by the Convention on the Rights of Persons with Disabilities, emphasised the need to remove these barriers to enable better participation and inclusion.
CJI Chandrachud also highlighted the success of Karnataka’s “Participatory Governance in Disability” policy, which led to significant improvements in disability inclusion under poverty alleviation programs. He noted that Corporate Social Responsibility (CSR) initiatives have fostered inclusive hiring practices, linking managerial performance to the diversity of their hiring decisions.
Arguments
Addressing the issue of invisible disabilities (NVDs), he stressed the importance of active diagnosis, education, and awareness campaigns to combat stigma and bias. “Many individuals with NVDs choose not to disclose their conditions due to fear of stigma, stemming from perceptions that disabilities are deficits,” he explained.
The Chief Justice also pointed out that while the Indian Constitution does not explicitly mention disability as a ground for discrimination, the Supreme Court has ensured that constitutional rights apply equally to persons with disabilities. He mentioned various efforts by the judiciary to enhance accessibility, such as dedicated infrastructure, technological aids, and sign-language interpreters.
In conclusion, CJI Chandrachud stated, “The walls of exclusion must be dismantled gradually through concerted efforts, cooperation, and dialogue. Laws and technology are tools for change, but real solutions lie in social dialogue and addressing the indifference that persons with disabilities have long endured.”
This call for inclusivity and the emphasis on removing social and institutional barriers underscores the ongoing efforts needed to ensure a dignified public life for all individuals, regardless of their abilities.
