ABILITY: Landmark Judgments On Disability Jurisprudence In India [Book Review]

ABILITY- Landmark Judgments on Disability Jurisprudence in India is an interesting read and singular contribution to this field of the law. This is a new area of jurisprudence which has now come of age: the rights of those who have certain disabilities, or rather those who are differently abled, have been recognized and developed. Equality and human dignity underpin the constitutional ethos and inform the interpretation of its provisions and the blossoming of various rights with all their nuances and ramifications.

The book is a compendium of thirteen significant and articulate writings focusing and commenting on thirteen judgments in this field by different constitutional courts in India. It is through judicial interpretation that you breathe life into the provisions of a statute and make them meaningful. The judgments discussed demonstrate the judiciary's 'transformative role-infusing spirit into the letter of the law, interpreting it dynamically, and crafting a more inclusive vision of justice.' Each piece deals with a judgment presenting different facets and viewpoints. The essays reflect and portray the varied ideas and opinions of the authors who themselves are drawn from a wide spectrum-judges, lawyers, academicians and several others including a war-disabled officer who bring their perspective to the subject enriching its content and enhancing its value. The judgments included in the anthology have crafted and refined the various rights of the differently abled and developed the law in that regard. The present essays which are critiques of the judgments take the narrative further. They would interest both the lawyer and the layman who would find them rewarding.

The narratives flow with ease arresting the reader's attention and compelling his admiration. The essays crystallize the judgments unfolding their legal-judicial reasoning and the human problems and experiences that they seek to bring to the fore and address and help initiate and take forward a more relevant and worthwhile dialogue on human dignity, inclusion and justice. They present 'a story of resistance, resilience and reform'. The cases dwelt upon in the book are not isolated points or silos but part of a larger continuum. They are not 'some small change of legal thought but part of a more enduring legacy'. They include expansive interpretation of Art 14 requiring equitable treatment for persons with disabilities, particularly in public employment; recognition of the reproductive autonomy of intellectually disabled women; declaration of the need for systemic attitudinal reform in the treatment of disabled military personnel; employment protection under the disability rights framework; ensuring inclusive education for children with special needs; the right of such persons to promotion; reservation in higher education and accessibility in public and private spaces and framing of fair and equitable procedures which respect the capabilities and rights of all aspirants including the disabled; guidelines for appointment of guardians for patients in a state of comatose and managing their essential affairs; ensuring access to the judiciary not only for litigants but also for those who aspire to enter judicial service; the duty of content creators to uphold the constitutional values of dignity and non-discrimination-to avoid the harmful portrayal of disability in mainstream cinema. These decisions highlight the enunciation of the rights of persons with disabilities and put those rights in a sharper focus. The authors of these essays have grown two blades of grass where one grew and deserve the better of mankind.

The editors- Navdeep Singh, a practising lawyer has done commendable work in the area of disability and gender rights and Dr Shruti Bedi is a distinguished law teacher specializing in Constitutional law. Their expertise, zeal and relentless endeavours have seen the publication of this book which they say 'is both a provocation and an assertion, it signals a shift from viewing disability through a lens of incapacity to one of potential, resilience and rightful inclusion aiming at transformation in the social and institutional frameworks that govern our lives.' This needs to be applauded.

Hon'ble Justice Surya Kant writes in his illuminating Foreword that the judgments discussed in the volume are not just legal precedents but powerful narratives that challenge discrimination, call for inclusion and not only recognize and affirm but celebrate the rights of persons with disabilities. They provide a guiding light with practical experiences on how to walk the talk. And Hon'ble Justice Sikri observes that these rights are reflections of our collective conscience and the narratives in the book speak to both the mind and the heart.

The book is a welcome addition to legal literature. All, and especially those in the world of law, should read and benefit from it. The authors, editors and publishers deserve our gratitude and compliments for this laudable work.

Author is Senior Advocate, Supreme Court of India. Views Are Personal.