Critical Essays on Disability Rights Jurisprudence  
Combating Exclusion, Embracing Inclusion
Published by Bloomsbury Publishing India Pvt. Ltd
Publication Date:  Available in all formats
ISBN: 9789356405233
Pages: 352

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- The book is a collection of high quality research papers contributed by eminent academicians, philosophers and jurists.

- The main objective of this book is to disseminate and spread awareness about rights of persons with disabilities.

- Secondly, the book also provides useful inputs to activists, lawyers, jurists and academicians to evolve empowerment strategies for recognition, promotion and protection of rights of persons with disabilities. Besides the Indian scenario, the book also explores developments in disability rights in countries like Nepal, Sri Lanka and USA thereby broadening the horizon of the field.

- There are also high quality articles focusing on international law standards of Human Rights of persons with disabilities.

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- The book is a collection of high quality research papers contributed by eminent academicians, philosophers and jurists.

- The main objective of this book is to disseminate and spread awareness about rights of persons with disabilities.

- Secondly, the book also provides useful inputs to activists, lawyers, jurists and academicians to evolve empowerment strategies for recognition, promotion and protection of rights of persons with disabilities. Besides the Indian scenario, the book also explores developments in disability rights in countries like Nepal, Sri Lanka and USA thereby broadening the horizon of the field.

- There are also high quality articles focusing on international law standards of Human Rights of persons with disabilities.

Table of contents
  • Cover
  • Praise for the book
  • Title Page
  • Copyright Page
  • About the editor
  • About the contributors
  • Acknowledgement and dedication
  • Foreword
  • Preface
  • In memory of my father
  • Down the memory lane… a eulogy to Adv. Fr. Joy Karayampuram SJ
  • Contents at a glance
  • Table of contents
  • Table of cases
  • Introduction
  • Chapter 1 While Exclusion may or may not be intentional, Inclusion must always be
  • Chapter 2 The deeper meaning of Disability: Ambedkar and the Social Theory of Disability
  • Chapter 3 Legal capacity and the dilemmas of Ableism: Reflecting on the life and work of Dr. Shirish Deshpande
    • 3.1 Introducing the Personal
    • 3.2 Construction of Personhood in Law
    • 3.3 Dilemmas of Ableism: the Personal and the Political
    • 3.4 An Alternative Model of Inclusion
    • 3.5 In Conclusion: Accepting Vulnerability: Evading Ableism
  • Chapter 4 The path of an expert in Human Rights
    • 4.1 Presentation
    • 4.2 Experts with disabilities in the development of the UN CRPD
    • 4.3 United Nations Committee on the Rights of Persons with Disabilities: Its experts, work and contributions
      • 4.3.1 Jurisprudence of the Committee and Its Contributions
    • 4.4 Role of independent expert as Special Envoy of the United Nations Secretary General on Disability and Accessibility
      • 4.4.1 A fifth fundamental pillar is persons with disabilities in relation to the Covid-19 Pandemic
      • 4.4.2 Closing words
  • Chapter 5 Reflections on Constitutional and Legal Conception of Disability in India
    • 5.1 Analyzing definition of disability under PWD Act, 1995
    • 5.2 Transforming the conception of disability under RPWD Act, 2016
    • 5.3 Constitutional conception of disability in India
    • 5.4 Conception of disability under RPWD Act, 2016
    • 5.5 Summing up
  • Chapter 6 Shifting the Epistemic Centre: Teachings from Sign Linguistics
    • 6.1 Introduction
    • 6.2 What is DS?
      • 6.2.1 The place of sign language within disability studies
        • 6.2.1.1 Deaf/deaf
      • 6.2.2 Deaf activism and the Disability Justice framework
    • 6.3 Education and Sign Language/Deafhood
      • 6.3.1 De/centring
      • 6.3.2 Questioning Normativity
      • 6.3.3 Disciplinary Normatives
      • 6.3.4 Speechism or questioning linguistic concepts
        • 6.3.4.1 Standardization
      • 6.3.5 New Epistemology: Centring Sign Language
        • 6.3.5.1 Incorporation
        • 6.3.5.2 Spatiality
      • 6.3.6 New Classroom Dynamics
    • 6.4 Conclusion: The Philosophy of Integrative Difference
  • Chapter 7 Gender and Disability: Perspectives of Adolescent Girls from Delhi (India)
    • 7.1 Introduction
    • 7.2 Feminism and Disability: Belated but Inevitable Rapprochement
    • 7.3 Anomalous and Normative Embodiment
    • 7.4 Conclusion
    • 7.5 Cited references
  • Chapter 8 Disabilities and the Capabilities Approach: A Philosophical Critique
    • 8.1 Capabilities Approach to Disabilities: Nussbaum
    • 8.2 Capabilities Approach to Disabilities: Implications and Critique (Indian Context)
    • 8.3 Desire and Politics: Reframing Inclusion
  • Chapter 9 My journey as a law clerk in the Supreme Court of India: Some reflections
  • Chapter 10 Critical Evaluation of the Rights of Persons with Disability Act, 2016 in the Light of United Nations Convention on Rights of Persons with Disabilities, 2006
    • 10.1 Introduction
    • 10.2 An Overview of Conventional Rights of Persons with Disability
      • 10.2.1 General Obligations as per UNCRPD
    • 10.3 Normative and Institutional Choices under Rights of Persons with Disability, 2016
      • 10.3.1 The Rights Model: Rights of Persons with Disability Act, 2016
      • 10.3.2 Judicial Approach in the Matter of Interpretation and Application of the RPD Act, 2016
    • 10.4 Conclusion
  • Chapter 11 The United Nations Convention on the Rights of Persons with Disabilities: Purpose and Principles
    • 11.1 Introduction
    • 11.2 Purpose
      • 11.2.1 Novelty
      • 11.2.2 Full and Equal Enjoyment of Human Rights
      • 11.2.3 A Social Model Approach to Disability
    • 11.3 General Principles
      • 11.3.1 Function
      • 11.3.2 Respect for Inherent Dignity, Individual Autonomy, and Independence
      • 11.3.3 Non-discrimination and Equality of Opportunity
      • 11.3.4 Full and Effective Participation and Inclusion in Society
      • 11.3.5 Respect for Difference and Acceptance of Persons with Disabilities as Part of Human Diversity and Humanity
      • 11.3.6 Accessibility
      • 11.3.7 Women and Children with Disabilities
    • 11.4 Conclusion
  • Chapter 12 The Americans with Disabilities Act at Thirty Years
    • 12.1 Introduction
    • 12.2 Language, Culture, and the ADA
    • 12.3 Historical Models of Disability and the ADA
    • 12.4 Structure of the ADA
    • 12.5 Accommodation Principle
    • 12.6 ADA Definition of Disability
    • 12.7 Title I antidiscrimination protections
      • 12.7.1 Reasonable workplace accommodations
      • 12.7.2 Undue hardship and direct threat defenses to charges of discrimination
    • 12.8 Title II - Antidiscrimination protections
    • 12.9 Title II’s “Integration mandate”
    • 12.10 Title II - Coverage of governmental facilities, programs, and services
    • 12.11 Title II - Effective communication mandate
    • 12.12 Title II - Transportation provisions
    • 12.13 Title III - Antidiscrimination protections
      • 12.13.1 “Places of public accommodation” under Title III
      • 12.13.2 Discrimination under Title III
      • 12.13.3 “Reasonable modifications” under Title III
      • 12.13.4 Service Animals as Reasonable Modifications/Accommodations under Title III (and Title II)
    • 12.14 Title III - Requirements to overcome architectural barriers
      • 12.14.1 Websites as “places” of public accommodation under Title III
      • 12.14.2 Rideshare companies as “places” of public accommodation under Title III
      • 12.14.3 ADA evolving
      • 12.14.4 The ADA at Thirty
  • Chapter 13 The Disability Rights under Constitution of Nepal and the Role of the Judiciary in Nepal: A Note
    • 13.1 Introduction
    • 13.2 History
    • 13.3 The Constitution of Nepal 2015
    • 13.4 The Rights of the Persons with Disabilities Act, 2017
    • 13.5 Role of the Judiciary
    • 13.6 Institutional Measures
    • 13.7 Challenges and Way forward
  • Chapter 14 Human Rights and Disabilities with Special Focus on Sri Lanka
    • 14.1 Introduction
    • 14.2 Reception of International Law in the Domestic Law
      • 14.2.1 Dualist Approach
    • 14.3 Human Rights in Sri Lanka: Constitutional and Statutory Framework
      • 14.3.1 Constitutional Framework
      • 14.3.2 Restrictions on Fundamental Rights
      • 14.3.3 Jurisdiction over Fundamental Rights
      • 14.3.4 Expansion of the Scope
      • 14.3.5 Expansion to the Application by Collative Persons
      • 14.3.6 Expansion of the Locus Standi
      • 14.3.7 Executive and Administrative Action
      • 14.3.8 Duty of the State to Assure Fundamental Rights
    • 14.4 Judicial Review
    • 14.5 Substantive Laws, Rules, Regulation and Policies on Disabilities
    • 14.6 A Review on Constitutional and Legislative Protection
    • 14.7 Procedures and Mechanisms Established for the Implementation
      • 14.7.1 Human Rights Commission of Sri Lanka
      • 14.7.2 The Supreme Court of Sri Lanka
      • 14.7.3 The High Court
    • 14.8 Determinations on Infringement of Rights of Persons with Disabilities
      • 14.8.1 By Human Rights Commission
      • 14.8.2 By the Supreme Court of Sri Lanka
    • 14.9 Special matters to be concerned
    • 14.10 The imposition of social disabilities on persons because of the race/religion etc.
    • 14.11 Conclusion
  • Appendix Delhi Declaration on Human Rights of Persons with Disabilities 2020
Biographical note

About the Editor – Professor Dr. Sanjay Jain

Professor Jain is presently the Officiating Principal of ILS Law College, Pune, India. He has a teaching experience of more than 25 years.

He is the Country Advisor, India “Inclusive Public Space: Law, Universality and Difference in the Accessibility of Streets” Project [period 2020-2023]. The project is hosted by University of Leeds, and funded by the European Research Council (Advanced Grant Scheme). As part of this project, he has recently submitted a book length legal report on Street Accessibility in India. This report has been approved the by the Principal Investigator of this project Professor Anna Lawson.

He is engaged with the Project “Socio-legal, Economic and psychological Implications of CORONA on the Lives of persons with Disabilities in general and visually challenged persons in particular in Pune district: An empirical and Situational Analysis” funded by ICSSR Delhi under special call of Covid-2019.

His scholarship has been cited by Supreme Court of India and Madras High court.

He has been conferred with various Awards – National Award in the Employee Category at the auspicious hands of Hon’ble the then President of India Dr. A.P.J. Abdul Kalam on the occasion of World Disabled Day i.e. 3rd Dec.2004, Ministry of Social justice and Empowerment, Govt. of India; Best employee with Disability” 2017 Award from Swaraj Viklang Sewa Samiti Allahabad. 26th Feb 2017; Biannual State Level Ideal Teacher Award Instituted by NAB, Maharashtra unit, Nasik, at Jalgaon on 12th Feb. 2006.

He is invited as a Referee by major International journals.

He is appointed as:

• Academic and Research coordinator, ILS Law college Pune;

• Director Of Ph. D. Center at ILS Law College Pune;

• Member of Board of Studies Law Savitribai Phule Pune University; Member Ad Hoc board Disability Studies Savitribai Phule Pune University.

He is Ph.D. Guide, Law in SPPU. Currently 4 students are doing research under his supervision.

Excerpt

Praise for the book

“Critical Essays on Disability Rights Jurisprudence: Combating Exclusion, Embracing Inclusion is an important and powerful collection of essays and reflections on disability rights and theory by advocates with disabilities. Dr Jain's edited collection deserves praise for giving voice to significant stakeholders from the Global South.”

Professor Michael Stein
Executive Director,
Harvard Law School Project on Disability

Postal Address: Harvard Law School
1585 Massachusetts Avenue
Austin Hall, Room 305
Cambridge, MA 02138

“Critical Essays on Disability Rights Jurisprudence: Combating Exclusion, Embracing Inclusion brings together reflections from disability rights scholars from India and beyond. The focus on India, and other countries in Asia, makes the book a valuable contribution to research in this field, as it explores jurisdictions which are often not addressed in literature on disability rights. This book will lead to further awareness, reflection and engagement in this field in India and beyond.”

Professor Lisa Waddington
Professor of European Disability Law
Maastricht University, the Netherlands

“A garland of exotic and fragrant flowers in the form of profound essays in Disability Rights Jurisprudence, authored by eminent scholars, painstakingly compiled and edited by Dr. Jain and presented as a tribute to two outstanding legal luminaries and social activists, Prof. Dr. Shirish Deshpande and Father Joy Karayampuram.”

Justice P.N. Prakash,
Judge, High Court, Madras

First published in 2022

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About the editor

Professor Dr. Sanjay Jain

Professor Jain is presently the Officiating Principal of ILS Law College, Pune, India. He has a teaching experience of more than 25 years.

He is the Country Advisor, India “Inclusive Public Space: Law, Universality and Difference in the Accessibility of Streets” Project [period 2020-2023]. The project is hosted by University of Leeds, and funded by the European Research Council (Advanced Grant Scheme). As part of this project, he has recently submitted a book length legal report on Street Accessibility in India. This report has been approved the by the Principal Investigator of this project Professor Anna Lawson.

He is engaged with the Project “Socio-legal, Economic and psychological Implications of CORONA on the Lives of persons with Disabilities in general and visually challenged persons in particular in Pune district: An empirical and Situational Analysis” funded by ICSSR Delhi under special call of Covid-2019.

His scholarship has been cited by Supreme Court of India and Madras High court.

He has been conferred with various Awards - National Award in the Employee Category at the auspicious hands of Hon’ble the then President of India Dr. A.P.J. Abdul Kalam on the occasion of World Disabled Day i.e. 3rd Dec.2004, Ministry of Social justice and Empowerment, Govt. of India; Best employee with Disability” 2017 Award from Swaraj Viklang Sewa Samiti Allahabad. 26th Feb 2017; Biannual State Level Ideal Teacher Award Instituted by NAB, Maharashtra unit, Nasik, at Jalgaon on 12th Feb. 2006.

He is invited as a Referee by major International journals.

He is appointed as:

Academic and Research coordinator, ILS Law college Pune;

Director Of Ph. D. Center at ILS Law College Pune;

Member of Board of Studies Law Savitribai Phule Pune University; Member Ad Hoc board Disability Studies Savitribai Phule Pune University.

He is Ph.D. Guide, Law in SPPU. Currently 4 students are doing research under his supervision.

His major publications include –

Books

“Basic Structure Constitutionalism: Revisiting Kesavananda Bharati”, co-ed with Ms. Sathya Narayan, Foreword by Former CJ of India Hon. Shri K.G. Balkrishnan, Eastern Law Book Company, Lucknow.

“Human Rights: implementation and monitoring Institutions”, co-authored with Prof. Shirish Deshpande, YCMOU, Nasik, 2006.

Articles

Right to higher Education of PWDs : critical reflections” (pages 155-208) Ed. M J Vinod and S Y Surendrakumar ‘Empowering Marginlised Communities in India’ Sage 2021.

Exploring the relationship of law and emotions in the context of Disability Rights Jurisprudence, Jindal Global Law Review, 2021.

“Public law foundation of the doctrine of legitimate expectations in India” Indian Law Review Volume 3, 2019 - Issue 1 ( 61-96) Online ISSN: 2473-0599. (Received ILR Best Paper Prize 2020).

“Towards Unrestricted And Disability Inclusive Legal Theory: Random Reflections” ILS Law Review Vol 13 March 2020.

“Scandalizing the judiciary: An analysis of the uneven response of the Supreme Court of India to sexual harassment allegations against judges” International Journal of Constitutional Law - I•CON (2020), Vol. 18 No. 2, Pages 563–590, Oxford University press online 1474-2640.

National Treatment Obligation under Article 3 of GATT Vis-À-Vis Indian Constitution, (227-262), M. P. Singh Ed. Open Markets, Free Trade and Sustainable Development: Perspectives from EU and India, Springer 2019.

“Disability Rights at a Crossroads: Reflections on Evolution of Public Law of Physical and Mental Disability”, Indian Yearbook of Comparative Law (2016), OUP, New Delhi.

“ICT Access, Disability Human Rights, and Social inclusion in India” Disability, Human Rights, and Information Technology”, Edited by Jonathan Lazar and Michael Ashley Stein, University of Pennsylvania Press-2016

“Contesting Abelist Constitutionalism : Some reflections” in Special Edition on ‘Social and legal dimensions of Disability laws and policies of India.” PG Dept. Law, RSTM Nagpur University, Nagpur, Sept. 2016

“Some reflections on Disability based discrimination and denial of Reasonable accommodation to Persons with Disability in employment”, in Gender, Human Rights and Law Vol IV” Ed Sarsu Thomas, Centre for Women and the Law, National Law School of India University Bangalore, 2013.

“Exploring the contours of principle of reasonable accommodation: critique of exclusion of blind persons as judges by the supreme court”, Essays & Reminiscences : a Festschrift in Honour of Nani A. Palkhivala, LexisNexis.

Areas of his interest

Feminist Jurisprudence & gender Justice with special reference to Indian situation;

Comparative Constitutionalism;

Sociological Jurisprudence;

Disability Rights Jurisprudence;

Human rights of Marginalized groups;

Legal theory and jurisprudence; and

International Economic law.

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