DISABILITY AND THE DILEMMA OF ACCESS: REASSESSING INDIAN AND INTERNATIONAL LEGAL AND INSTITUTIONAL COMMITMENTS TO INCLUSIVE EDUCATION

Abstract

Despite the unequivocal entrenchment of the right to education for persons with disabilities in instruments such as the UN Convention on the Rights of Persons with Disabilities (CRPD) and India’s Rights of Persons with Disabilities Act, 2016, systemic exclusions endure, mediated by structural, attitudinal, and institutional barriers. This research delves into the persistent disjuncture between normative commitments to inclusive education and their practical realization within Indian and international legal architectures. The research delineates how legal frameworks, though formally progressive, often default to assimilationist paradigms that reproduce segregation and tokenism under the guise of inclusion. By appraising constitutional provisions, legislative mandates, judicial interventions, and policy schemes, this research exposes the insufficiency of fragmented regulatory approaches & inertia afflicting enforcement. Comparative perspectives drawn from jurisdictions exhibiting more robust inclusionary practices elucidate the limitations and potentialities of transposing international norms into diverse socio-economic contexts. The research contends that a reconfiguration of India’s disability law is imperative, predicated on substantive equality, intersectionality, and enforceable entitlements rather than aspirational rhetoric. This research proposes a composite strategy encompassing legal harmonization, institutional consolidation, targeted resourcing, and participatory monitoring. This research work underscores the ethical and constitutional imperative of dismantling the entrenched dilemmas of access that continue to circumscribe the educational trajectories of persons with disabilities, thereby reaffirming their status as rights-bearing subjects rather than passive beneficiaries of welfare dispensation.