The release of manifestos during election season rarely occasions a discussion on the rights of persons with disabilities. However, the promise of the Congress and CPI(M) to include disability as a specific ground for discrimination under Article 15 (and Article 16) of the Constitution has sparked optimism within the disability rights movement. Currently, the provision prohibits discrimination on grounds of “religion, race, caste, sex, place of birth, or any of them” and does not expressly include disability.
Amendment as demand
A constitutional amendment of Article 15 to address this glaring omission has been a long-standing demand of the disability rights movement. In 2019, this demand was reaffirmed by the UN Committee on the Rights of Persons with Disabilities in its concluding observations while reviewing India’s compliance with the UN Convention on the Rights of Persons with Disabilities (UNCRPD). To this date, no steps have been taken in this direction.