CHALLENGES AND BARRIERS IN THE IMPLEMENTATION OF DISABILITY LAWS IN INDIA: A SOCIO-LEGAL ANALYSIS OF STRUCTURAL, INSTITUTIONAL and ATTITUDINAL IMPEDIMENTS
Keywords:
Disability Law, Implementation Barriers, RPwD Act 2016, MHC Act 2017, Mental Disability, Institutional Barriers, Socio-Cultural Stigma, Accessibility, Legal Aid, Enforcement Mechanisms, Federalism, UN CRPDAbstract
The effective realization of disability rights in India continues to face significant structural, institutional and socio-legal challenges despite the progressive legislative framework established under contemporary statutes. This paper critically examines the multifaceted barriers that impede the meaningful implementation of disability laws, with particular focus on persons with mental disorders. It analyzes deficiencies in legal aid mechanisms, infrastructural inaccessibility, lack of professional awareness and specialized training and the persistent institutional and societal stigmas that undermine rights-based protections. The study further explores the complex interplay between administrative processes, entrenched social perceptions and normative legal standards, demonstrating how these interconnected factors dilute the transformative potential of existing legal frameworks. Special attention is given to procedural hurdles, bureaucratic delays, inadequate monitoring mechanisms and limited inter-sectoral coordination, which collectively restrict access to justice, healthcare and social security entitlements. By situating implementation gaps within a broader socio-legal context, the paper argues that legislative reform alone is insufficient without parallel investments in capacity building, sensitization of stakeholders, infrastructural accessibility and robust enforcement oversight. The paper concludes by proposing targeted reforms aimed at strengthening accountability mechanisms, enhancing professional competency and ensuring participatory monitoring frameworks.
References
The Rights of Persons with Disabilities Act, 2016 (Act No. 49 of 2016).
The Mental Healthcare Act, 2017 (Act No. 10 of 2017).
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act No. 1 of 1996).
Gaurav Kumar Bansal v. Union of India, W.P.(C) No. 412/2016 (Supreme Court of India).
National Federation of the Blind v. Union of India, (2013) W.P.(C) No. 525/2003 (Supreme Court of India).
Rajive Raturi v. Union of India, (2018) W.P.(C) No. 243/2005 (Supreme Court of India).
Gururaj, G. et al., National Mental Health Survey of India 2015-16: Summary (NIMHANS Publication No. 128, 2016).
Kothari, J., “The Rights of Persons with Disabilities Act 2016: An Analysis” (2017) 52 Economic and Political Weekly 41.
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