ENSURING SOCIAL JUSTICE TO PERSONS WITH DISABILITY & INDIAN LEGAL PERSPECTIVES
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Abstract
The concept of social justice is a revolutionary concept which provides meaning and significance to life and makes the rule of law dynamic. The differently abled have fought for social justice from time immemorial and the battle persists to this day. Despite the fact that, sensitivity in the 21st Century has changed from "charity to rights", the acknowledgment of these rights has not been very easy. Social Justice is also the foundation stone of Indian Constitution. Indian Constitution makers were well known to the use of various principles of justice. Under various constitutional articles the same has been enshrined. In this paper an attempt will be made to understand the various concept and theories of Social Justice with respect to Persons with Disability. What various social rights-based approaches has developed and contributed to the progress of ensuring rights of Persons with Disability. This paper will also try to map the concept of social justice in various United Nations documents as well as under Indian constitution and how far the same has been used for ensuring justice to the Persons with Disability. Lastly, the paper will also analyse various important landmark judgments which have helped in ensuring social justice to persons with disability with the passage of time and litigations. Overall, this paper aims at providing an in-depth representation of concept of social justice and the role played by legislators and judiciary in establishing the same for the persons with disability.
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