...... 4 DISABILITY - A PARADIGM SHIFT: FROM WELFARE TO HUMAN RIGHTS with disabilities can enjoy their human rights and fundamental freedoms on equal basis.’ This necessarily means combating disability based discrimination because “the first and foremost freedom must be freedom from discrimination, for without this, the realization of human rights and other freedoms by persons with disabilities would remain elusive”. DISCRIMINATION 2.5 The Right against Discrimination is within the mandate of Right to Equality under Article 14 of the Constitution of India. It is pertinent to mention that formal recognition of discrimination on the ground of disability is a recent phenomenon and is not reflected in the laws enacted some 20 years ago. For instance, the Constitution of India, Articles 15 and 16 prohibit discrimination in the matter of employment and access to public facilities on grounds of religion, race, caste, sex and place of birth, but is silent on disability. However, when the special provisions benefiting persons with disability are particularly aimed at their participation whether in employment or otherwise, the Constitution and judicial interpretation take a more unequivocal position. A positive legislative regime on disability has evolved since Article 16(3) & (4) of the Constitution encourages affirmative action and legislative measures in favour of any backward class of citizens, which in the opinion of the State, are not adequately represented in the services. 2.6 The Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 in general and its Chapter titled ‘Non Discrimination’ in particular is an excellent illustration of the State’s effort to extend equal opportunities without discrimination to persons with disability. Sections 45, 46 and 47 of the this Act actually build upon Articles 15 and 16 of the Constitution as the element of non-discrimination to achieve equality of opportunity in public employment and access to public places, including transport systems is guaranteed in very clear terms for persons with disabilities. Poor Observance of Non-discrimination 2.7 Despite such clear legal provisions, corresponding amendments and modifications in the service rules and administrative procedures have not been carried out by the majority of State Governments and the Centre. In January 2003, the Commission, therefore, advised the authorities in the State & UT Administrations to undertake a review of service rules and the relevant laws in order to identify inconsistencies and to carry out necessary modifications in accordance with the Disabilities Act, 1995. The Commission notes that whatever little improvements could be possible on this front have been due to the interventions of the Courts, Tribunals and quasi-judicial bodies. 2.8 Similarly, implementation of legal and administrative arrangements for the creation of barrier free facilities have been extremely tardy as the States and Local Governments NATIONAL HUMAN RIGHTS COMMISSION