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Historically, persons with disabilities (PwD) have been marginalized in society by denying them participation in activities like education, employment, political and cultural activities, etc. These barriers created by society can be removed by recognizing certain rights inherent in every human being, and by imposing obligations on others. In a recently delivered significant judgment of the Supreme Court of India, Vikash Kumar v. UPSC (Vikash Kumar, 2021), the court takes a leap towards ensuring inclusivity for PwD by affirming their position as rights bearers. This paper analyses the judgment that expands the scope of reasonable accommodation, a principle based on the norm of inclusion providing for comprehension of disability in all its dimensions. It examines the need for the policy of integrationism and the extent to which our courts are willing to go to protect the rights of the PwD.

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Disability Rights Jurisprudence and Reasonable Accommodation (Vikash Kumar v. UPSC): Must They Remain on the Front Porch?

  • 章节

  • 发表日期：

    2026年

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  • Shruti Bedi

摘要

Historically, persons with disabilities (PwD) have been marginalized in society by denying them participation in activities like education, employment, political and cultural activities, etc. These barriers created by society can be removed by recognizing certain rights inherent in every human being, and by imposing obligations on others. In a recently delivered significant judgment of the Supreme Court of India, Vikash Kumar v. UPSC (Vikash Kumar, 2021), the court takes a leap towards ensuring inclusivity for PwD by affirming their position as rights bearers. This paper analyses the judgment that expands the scope of reasonable accommodation, a principle based on the norm of inclusion providing for comprehension of disability in all its dimensions. It examines the need for the policy of integrationism and the extent to which our courts are willing to go to protect the rights of the PwD.