ENFORCEMENT GAP IN DISABILITY RIGHTS: FROM LAW TO LIVED REALITY

Disability rights are grounded in the principles of human dignity, equality, and non-discrimination. In India, the Rights of Persons with Disabilities Act, 2016 (RPwD Act) represents a significant legislative step towards harmonising domestic law with the United Nations Convention on the Rights of Persons with Disabilities (CRPD) , to which India is a State Party. Constitutional guarantees under Articles 14, 15, 16, 21, and 41 , together with statutory provisions, create an extensive framework for inclusion, accessibility, and equal opportunity. The RPwD Act marked a paradigm shift from a charity-based and medical model of disability to a rights-based approach, recognising 21 categories of disabilities and embedding obligations on both public and private sectors to ensure non-discrimination and reasonable accommodation. It incorporates affirmative action measures such as reservations in employment and education, accessibility mandates for infrastructure and digital platforms, and grievance redressal mechanisms through designated authorities. However, the transformative potential of these guarantees has not fully translated into lived realities. The “enforcement gap”—the disconnect between legal promises and actual outcomes—remains a structural and societal challenge. This gap manifests in inadequate implementation of accessibility guidelines, absence of effective monitoring, insufficient awareness among duty-bearers, and systemic marginalisation of persons with disabilities in decision-making processes. The persistence of attitudinal barriers, coupled with bureaucratic inertia and fragmented institutional responsibility, has meant that despite the existence of a robust statutory framework, the rights of millions of persons with disabilities (PwDs) continue to be undermined. These failures perpetuate cycles of exclusion and inequality, raising critical questions about accountability, state capacity, and the practical enforceability of human rights guarantees.