Chapter

Definition of Disability

Jayna Kothari

in The Future of Disability Law in India

Published in print March 2012 | ISBN: 9780198077626
Published online September 2012 | e-ISBN: 9780199080960 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198077626.003.0010
Definition of Disability

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This chapter analyses the definition given to disability under the Persons with Disabilities (PWD) Act in India and compares it with the definitions given to disability by some of the disability legislations in other jurisdictions and under the United Nations Convention on the Rights of Persons with Disabilities (CRPD). It contends that the definition of disability is one of the most regressive aspects of the PWD Act and is highly problematic as it is extremely narrow and medically oriented. It discusses some progressive judgments where the courts have expanded the definition of disability and provides recommendations on how the problems of such a narrow definition of disability can be addressed.

Keywords: disability; CRPD; judgments; courts; disability legislations

Chapter.  13049 words. 

Subjects: Human Rights and Immigration

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