Description

Laws, Justice and Rights for Women in the Modern Era
Editor: Prof. Dr. Yogesh Kumar Gupta, Ishan Ahmad and Premananda Murmu
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-5-1, 2026

Chapter 16

Gender, Disability, and Law: Addressing Gaps in the Rights of Women with Disabilities

Soniya Chhetri
Ph.D. Research Scholar, Faculty of Law, the ICFAI University, Gangtok, Sikkim.

Dr. Joshika Thapa
Assistant Professor, Faculty of Law, the ICFAI University, Gangtok, Sikkim.

Abstract

In the broader social context, both men and women with disabilities face significant challenges and discrimination, but women with disabilities experience a compounded form of marginalization due to the intersection of gender and disability. Globally, the World Health Organization estimates that over 1 billion people i.e. 15% of the world’s population live with some form of disability and a large proportion of them are women. Drawing on global and national statistical data, it highlights how women with disabilities are disproportionately affected in areas such as education, employment, social inclusion, public participation, and access to justice. Evidence indicates that they are significantly more vulnerable to violence, abuse, and stigma, and often face social stereotypes that question their competence and worth. The paper analyses the existing national and international legal frameworks such as the UN Convention on the Rights of Persons with Disabilities, 2008 and relevant national laws such as, the Persons with Disabilities Act, 2016 and the Mental Health Act, 2017 that seek to protect the rights of women with disabilities. It further identifies critical gaps and implementation deficits in these frameworks, and underscores the need for gender sensitive, disability inclusive policies and legal reforms to ensure substantive equality and empowerment.

Keywords

Disability, Women, Discrimination, Gender-based violence

1. INTRODUCTION

The term ‘disability’ is very complex and evolving concept that is not fixed or limited to birth conditions. It can result from various causes such as accidents, acid attacks, conflicts, natural disasters or substance abuse. According to World Health Organization (here after referred as WHO), disability refers as “any restriction or lack of ability to perform activity in the manner or within the range considered normal for human beings” (WHO 1976). The WHO also emphasizes that disability arises from interaction between health conditions and environmental and personal factors (WHO, 2001). According to Nations Convention on Rights of Persons with Disabilities (hereafter referred as UNCRPD), disability is “long- term physical, mental, intellectual, or sensory impairment that in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others” (United Nation, 2006). In India, disability is legally defined under the Rights of Persons with Disabilities (hereafter referred as RPWD) Act, 2016. It defines disability as ‘long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others’. Further, S. 2 (r) of this Act introduces the concept of “person with bench mark disability” referring to an individual who has at least 40% disability by a certifying authority” (Government of India, 2016).