THE IMBROGLIO OF LEGAL CAPACITY IN INDIAN DISABILITY LAW its provisions are in conflict with Section 13 and several other provisions of RPDA recognising the legal capacity of persons with psycho-social disabilities. Conclusion The aforesaid analysis has been undertaken to demonstrate that the construction of legal capacity in MHCA, despite claims to the contrary, is not in harmony with the CRPD and needs to be either repealed or struck down. The MHCA was enacted despite the disability community asking otherwise. The RPDA, in comparison, is a more forward-looking legislation; however, the incorporation of Section 14 in RPDA shows that the stranglehold of the old paradigm also haunted the RPDA legislative process. The Indian judiciary has embraced the spirit of the CRPD in how it is developing the jurisprudence of disability rights in the country.33 There are some forward looking interpretations, which give hope that the general comments and concluding observations of the Treaty Body may be creatively used by the Indian courts to resolve the imbroglio of legal capacity. 33 See the cases cited in supra note 16. 45