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LEGISLATIVE AND CONSTITUTIONAL PERSPECTIVE OF RIGHTS OF DISABLED IN INDIA - AN ANALYSIS

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Name: Preeti Bhardwaj
Country: India
Publication Details
Year: 2017
Volume: Volume-2, Issue-2 (July-December)
Page Number: 18-25
Abstract
The study of the Constitutional framework is necessary as it is the root from which all the statutes draw their existence. The disability jurisprudence in the form of statutory law came into India only after 1995. Until then the persons with disability were protected under the umbrella of the Constitution of India. The framers of the Constitution were more inclined to lay down the general principles on which the State must progress and they provided the general goals which every Government must strive to achieve. Therefore, the research aims to study the document by keeping in mind, the intention of the framers. Therefore the researcher will not search for any specific provision for the disabled persons as a community, but will try to bring out better protection within these general principles. Special mention needs to be made here about the Preamble. Though it does not make any specific reference to any community or persons, its objective is to ensure social, political and economic justice. The Preamble thus addresses the needs of the persons with disability to larger extent in general terms.
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