REASONABLE ACCOMMODATION IN INDIA: A LEGAL JOURNEY TOWARDS DISABILITY RIGHTS

Reasonable accommodation has emerged as a central principle in contemporary disability rights discourse across the world. In India, the legal recognition of reasonable accommodation reflects a gradual yet remarkable shift from a welfare-oriented approach to a rights-based framework. This paper examines the legal journey of reasonable accommodation in India. The study traces its evolution from the pre-UNCRPD (United Nations Convention on the Rights of Persons with Disabilities) era to its formal recognition under the Rights of Persons with Disabilities Act, 2016. The paper analyzes legislative reforms, judicial interpretations and policy developments that have developed the concept of reasonable accommodation in Indian law. The paper further explores key judicial decisions that have reinforced reasonable accommodation as an essential component of constitutional equality and dignity. Despite progressive legal and judicial advancements, the study identifies some barriers in implementation of reasonable accommodation. These barriers are lack of awareness, institutional resistance, ambiguity regarding undue burden and weak enforcement mechanisms. The paper asserts that effective implementation of reasonable accommodation requires moving beyond symbolic compliance toward systemic and institutional transformation. The paper concludes that reasonable accommodation is an important legal tool to achieve inclusive and equitable participation of persons with disabilities in education, employment and social life.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-01-15
DOI
https://doi.org/10.5281/zenodo.18412112
Primary Topic
Disability Rights and Representation
Type
article
Field-Weighted Citation Impact
0.00
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article

REASONABLE ACCOMMODATION IN INDIA: A LEGAL JOURNEY TOWARDS DISABILITY RIGHTS

Brijesh Kumar
Zenodo (CERN European Organization for Nuclear Research)
Disability Rights and Representation
article

REASONABLE ACCOMMODATION IN INDIA: A LEGAL JOURNEY TOWARDS DISABILITY RIGHTS

Brijesh Kumar
article en

Abstract

Reasonable accommodation has emerged as a central principle in contemporary disability rights discourse across the world. In India, the legal recognition of reasonable accommodation reflects a gradual yet remarkable shift from a welfare-oriented approach to a rights-based framework. This paper examines the legal journey of reasonable accommodation in India. The study traces its evolution from the pre-UNCRPD (United Nations Convention on the Rights of Persons with Disabilities) era to its formal recognition under the Rights of Persons with Disabilities Act, 2016. The paper analyzes legislative reforms, judicial interpretations and policy developments that have developed the concept of reasonable accommodation in Indian law. The paper further explores key judicial decisions that have reinforced reasonable accommodation as an essential component of constitutional equality and dignity. Despite progressive legal and judicial advancements, the study identifies some barriers in implementation of reasonable accommodation. These barriers are lack of awareness, institutional resistance, ambiguity regarding undue burden and weak enforcement mechanisms. The paper asserts that effective implementation of reasonable accommodation requires moving beyond symbolic compliance toward systemic and institutional transformation. The paper concludes that reasonable accommodation is an important legal tool to achieve inclusive and equitable participation of persons with disabilities in education, employment and social life.

Zenodo (CERN European Organization for Nuclear Research)
Dr. Shakuntala Misra National Rehabilitation University (IN)
Openalex Percentile: Top 21%
Disability Rights and Representation
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REASONABLE ACCOMMODATION IN INDIA: A LEGAL JOURNEY TOWARDS DISABILITY RIGHTS — Brijesh Kumar · Zenodo (CERN European Organization for Nuclear Research) (2025) | TGRS Research Map | TGRS