NATIONAL LAW UNIVERSITY, ODISHA

SYLLABUS

DISABILITY LAW

[SEMINAR PAPER FOR BA/

BBA LLB STUDENTS, SEMESTER VIII]

Course Designed By:

Pallabi Sengupta

Email Ids: pallabi.sengupta@nluo.ac.in/

pallabi.sengupta0409@gmail.com
COURSE DESCRIPTION

While impairment might be physical or mental, disability started as a social construct. It was
the majority seeing persons with disability as ‘different’ from them that started creating
problems and marginalising this group of people. In everyday life, people with disabilities are
seen as a minority group, whose interests must be protected and safeguarded. They are seen
as disempowered and vulnerable. However, what we often forget is that these people also
have the equal right to enjoy life and the right to enjoy all other freedoms equally.

The Convention on the Rights of Persons with Disabilities of 2005 is one of the recent human
rights treaties by the United Nations. As more and more States started ratifying this treaty, the
‘disability rights’ discourse started growing.

Over the last couple of years, Disability Law has gained prominence in India with the
enactment of the Rights of Persons with Disabilities act, 2016 and the active role of the apex
court as well as various High Courts in acknowledging and upholding the interests of this
minority group, with regards to various issues like accessibility, intersectionality, equal
recognition before the law and decision making, their rights to vote, etc.

LEARNING OBJECTIVES

 Have an understanding of the diverse field of disability law and human rights and its
role in international and domestic spheres
 Know the recent developments in the field of disability law
 Acquire the necessary skills to analyse international and domestic law and practice in
relation to the rights of persons with disability
 Prepare for a future in this lucrative field – both in the international arena as well as
the domestic sphere

COURSE MODULES AND LECTURES

The course is divided into the following 9 modules:

MODULE TITLE NUMBER OF

LECTURES
I Introduction, Definitions 8
and Models of Disability
II Universal Design, 7
Reasonable
Accommodation, and
Accessibility
III Disability and Various 8
Sectors
IV Persons with Disabilities 7
and their Right to Live with
Dignity
V Persons with Disabilities 7
and their Legal Capacity and
Decision Making
VI Conclusion with Key 8
Controversial Issues

MODULE I: Introduction, Definitions and Models of Disability

The module will try to conceptualise disability. For this purpose, firstly, the meaning of
the term impairment will be looked at. Then it will be analysed that when an impairment
turns into a disability. It would also be discussed whether disability can ever be without
impairment? Also, the distinction between physical and mental disability will be discussed
and whether the distinction can ever be blurred will be looked at. Finally, all the frequently
used terms, including the debate between using ‘persons with disabilities’ versus using
‘disabled persons’, will be opened for discussion.

In this module, the evolution of the models of disability will also be traced. Further, the scope
and extent of application of the main three models of disability, namely the medical model,
the social model and the rights model will be discussed. Then, the importance of perceiving
disability from a ‘human rights’ perspective, will be focused on. Finally, in this context, the
future of disability law will be discussed.
MODULE II: Universal Design, Reasonable Accommodation, and Accessibility

This Module will deal with the meaning, scope and extent of application of universal design,
reasonable accommodation and accessibility under the CRPD. In today’s modern world,
technology has developed so much - it is a need to design common standards for everyone. In
this context, the application of the SDG Goals will be looked at.

This module will try to understand the meaning and scope of universal design, the changing
expectations, and finally its application in an online environment. Further, the meanings of
the terms reasonable accommodation and accessibility will be explored. The other sub-topics
will include ‘Accessibility and physical disability’ and ‘Accessibility in this new age’.
Finally, the legal challenges in this context will be discussed.

MODULE III: Disability and Various Sectors

Article 4 of the CRPD provides the general obligations to be followed for the ‘people with
disabilities’, which are analysed in this module. Further, this module discusses the right of
non-discrimination of these people. This module will also focus on the role of the States in
providing for the people with disabilities vis-a vis the obligations they undertake under the
Convention. Also, to be looked at is the question how far the private sector can be held
legally responsible? Also, the rights of certain minorities within this group like te women and
children will be discussed in this module.

MODULE IV: Persons with Disabilities and their Right to Live with Dignity

This modules will cover the right to life with dignity of the persons with disabilities. Their
right of privacy is often violated. However, is there a circumstance, where the same right can
be waived? Further, persons with disabilities also enjoy a right to community life (as per the
Rights of Persons with Disabilities Act, 2016. The application of the same will be explained
in this module. Also, all the protective measures that the State needs to undertake to
safeguard these people from various forms of abuse, violence, neglect and exploitation as
well as cruel and inhuman treatment are analysed in this module.
MODULE V: Persons with Disabilities and their Legal Capacity and Decision Making

This module tries to find the scope of application of the term ‘legal capacity’. Further, in this
context, the meanings of the terms ‘legal standing’ and ‘legal agency’ will be explored. Also,
the right of choice and debate between ‘Substitute v supported decision-making’ will be
analysed in this chapter. Finally, a person with disabilities’ overall right of access to justice
will be looked at in this context.

MODULE VI: Conclusion with Key Controversial Issues

 Intersectionality
 People with disabilities – aiding them or enabling them, for them or on behalf of
them?
 Children with disabilities – how far their education should be inclusive?
 Time to go beyond the Human Rights model?

SUGGESTED READING MATERIALS:

Key Indian Cases:

 Disabled Rights Group v UOI (2017)

 Geetaben Ratilal Patel v District Primary Education (2013)
 Hazara Singh v State (2017)
 Jeeja Ghosh and Anr v UOI (2016)
 M Venkateswarlu S/O Papaiah v Andhra Pradesh State Road (2016)
 Nipun Malhotra v Government Of NCT of Delhi and Ors (2018)
 Pramod Arora v Honble Lt Governor Of Delhi (2014)
 Raj Kumar v Ajay Kumar and Anr (2010)
 Rajive Raturi v UOI (2017)
 UOI and Anr v National Federation of the Blind (2013)
 UOI v Jagmohan Singh (2007)

Key International Cases:

  Barden v City of Sacramento
 Board of Education v Rowley
 Cedar Rapids Comm School Dist v Garrett F Re Charlene
 Coleman v Zatechka
 Curtis K v Sioux City Community School Dist
 Eldridge v British Columbia (Attorney General)
 Henry Muller v Committee on Special Education
 Kinney v Yerusalim
 Townsend v Quasim
 Toyota Mfrg Kentucky Inc v Williams

Other Primary Materials (Including Books, Reports):

 1997, ‘Models of disability and rehabilitation’, in Enabling America: Assessing the

role of rehabilitation science and engineering.
 Degener, T., 2017, ‘A new human rights model of disability’, in Della Fina, V., Cera
R., & Palmisano, G. (eds.), The United Nations convention on the rights of persons
with disabilities: A commentary, Springer, Cham, Switzerland.
 Ellis, K. & Kent, M., 2010, Disability and new media, Routledge, New York.
 Pfeiffer, D., 2003, ‘The disability studies paradigm’, in Devlieger, P., Rusch, F., &
Pfeiffer, D. (eds.), Rethinking disability: The emergence of new definitions, concepts
and communities, Garant Uitgevers, Antwerpen.
 Schipper, J., 2006, Disability studies, T & T Clark, New York.
 Titchkosky, T., 2007, Reading and writing disability differently, University of
Toronto Press, Toronto.
 Report of the Secretary-General, Towards the full realization of an inclusive and
accessible United Nations for persons with disabilities.

COURSE EVALUATION METHOD

MID-SEMESTER EXAM 25
END-SEMESTER EXAM 45
PROJECT SUBMISSION 20
VIVA VOCE 5
ATTENDANCE 5
TOTAL 100