ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846
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Adjudicating Disability: Some Emerging Questions

The government intends to replace the Persons with Disabilities Act with a new law, in conformity with the United Nations Convention on the Rights of Persons with Disabilities. This article maps some of the recent developments in the judicial approach to understanding disability. In interpreting the statutory definition of disability, the focus on the disabling impact of impairments has resulted in the inclusion of a range of impairment groups and disabling conditions, though the basis on which these were included is not known. This approach is problematic, for it associates "disability" with health conditions commonly regarded as "illness".



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