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1. The Maharaja Sayajirao University of Baroda Faculty of Family and Community Science Department of Human Development and Family Studies Gender and Disability: Are gender rights inclusive of disabled persons?
What does inclusivity really mean?   1

2. Disability and Gender ~Shweta Castanha

3. What do you understand by disability Disability is a condition in which a person experiences disadvantage or difficulty in performing certain activities due to the loss or impairment of a body part or function . There are countless specific disability conditions, but under India's  Rights of Persons with Disabilities Act, 2016 ,  21 types of disabilities are officially recognized for benefits and inclusion purposes

4. Main question: Are gender rights inclusive of disabled persons? What does inclusivity really mean?

5. Gender Rights Disability rights Right to Equality – No one should be treated unfairly because of disability Right to Education – Access to inclusive schools, colleges, and special learning support. Right to Employment – Equal job opportunities, fair pay, and workplace adjustments. Right to Accessibility – Buildings, transport, websites, and public places must be accessible. Right to Health – Equal access to healthcare, rehabilitation, and assistive devices. Right to Social Security – Support schemes, pensions, and financial benefits. Right to Participation – Inclusion in sports, culture, politics, and decision-making. Right to Freedom from Exploitation – Protection from abuse, neglect, and discrimination. Right to Independent Living – Freedom to make choices and live in the community. Right to Respect and Dignity – To be valued as equal members of society. Right to Equality – Men, women, and all genders must be treated equally. Right to Education – Everyone has the right to go to school and study. Right to Work – All genders can work in any field with equal pay and no discrimination. Right to Health – Access to healthcare, including reproductive and mental health. Right to Safety – Protection from violence, harassment, or abuse. Right to Marriage and Family – Freedom to choose a partner, start a family, or not. Right to Participate – Equal chance to take part in politics, leadership, and decision-making. Right to Freedom of Expression – To dress, speak, and live according to one’s identity without fear.

6. How gender discrimination affects disability for men, women, and LGBTQ+ people Women with Disabilities? Double Discrimination : Women with disabilities often face discrimination both for being women and for being disabled. This intersection leads to economic, social, and health disadvantages. Employment : Disabled women earn less than disabled men and non-disabled women, facing barriers to leadership roles ( Vasut , Huali , 2025). Violence & Abuse : Higher rates of physical and sexual violence, often by caregivers or family members (Human Rights Watch). Healthcare : Discrimination in gynecological and reproductive healthcare access.

7. Men with Disabilities Employment : Disabled men, while also discriminated against, tend to have better employment outcomes and higher wages compared to disabled women ( Vasut , Huali , 2025). Stereotypes : Face stigma of being “less masculine” or “incapable providers,” which impacts self-esteem and family roles ( Sumskiene , Jankauskaite , 2019). Mental Health : Men with disabilities may internalize ableism differently often pressured to conform to traditional masculine norms, leading to stress and underreporting of psychological struggles.

8. LGBTQ+ People with Disabilities Triple Marginalization : LGBTQ+ people with disabilities face compounded discrimination based on sexual orientation, gender identity, and disability. Healthcare Inequities : Less access to inclusive healthcare; trans and queer disabled individuals often experience misdiagnosis or medical neglect ( Mulcahy , Streed ,  Wallisch , Batza , Kurth , Hall, McMaughan , 2022). Violence & Stigma : Face higher rates of harassment and exclusion from both LGBTQ+ spaces (due to ableism) and disability communities (due to homophobia/transphobia). Employment: Greater difficulty in securing safe, inclusive workplaces; often invisible in policy frameworks ( Rajni , 2020).

9. Are gender rights inclusive of disabled persons? The intersection of gender and disability in India reveals The Rights of Persons with Disabilities (RPWD) Act, 2016 acknowledges women and children with disabilities but excludes transgender, intersex, and non-binary persons, as it follows a binary understanding of gender (LSE Human Rights Blog, 2023). Similarly, the Transgender Persons Act, 2019 and the Domestic Violence Act, 2005 fail to adequately protect disabled LGBTQ+ persons (LSE Human Rights Blog, 2023).
Evidence shows that women with disabilities face higher risks of violence. According to UNFPA (2023), they are up to ten times more likely to suffer abuse, with dependence on caregivers and geographic isolation intensifying their vulnerability. Feminist disability activists stress the problem of “double discrimination”—where women are marginalized both by gender and disability. Historically, the Indian women’s movement overlooked disabled women, though disability rights groups increasingly demand an intersectional approach (ISIS International, 2011). Legal scholars note that Indian law stands at a “crossroads of gender and autonomy.” Although constitutional guarantees exist, women with disabilities face barriers in exercising rights related to marriage, reproduction, and decision-making (Reddy & Kumari , 2021). Recent legal analyses argue that Indian law is at a “crossroads of gender and autonomy”, as women with disabilities often struggle to exercise rights related to marriage, reproduction, and decision-making despite constitutional guarantees (IJLMH, 2021).

10. Further, Thompson, Rohwerder , and Mukherjee (2023) show that disability is often the most dominant identity driving exclusion, but it becomes compounded when intersecting with gender, religion, or caste. Their study of disabled persons in Tamil Nadu and West Bengal highlights that women with disabilities, particularly from minority religions or lower castes, face severe marginalisation . Discrimination is not only legal but also cultural, shaped by patriarchal traditions, stigma, and religious attitudes associating disability with shame.
In addition socio-economic data highlights education and employment disparities. Nearly half of disabled women lack formal education, and their labour force participation (21–23%) is significantly lower than men with disabilities (around 40%) (Pal, 2011; Reddy & Kumari , 2021). Gendered stereotypes, inaccessible infrastructure, and lack of recognition of disabled women’s sexuality continue to undermine inclusivity ( Ghai , 2015; Khetarpal , 2017). Even with these reforms, change for women with disabilities has been very slow. Weak enforcement and lack of action stop their legal rights from becoming a reality in daily life ( Addlakha , 2022). .

11. What do you understand by inclusivity  Inclusivity for people with disabilities means  actively removing barriers in society, ensuring full and equal participation in all aspects of life, including education, work, and community activities, and creating an environment where they are treated with dignity and have the same opportunities as people without disabilities. 

12. What does inclusivity mean

13. Conclusion In India, gender rights do not fully include people with disabilities. While some laws mention women and children with disabilities, they leave out transgender, intersex, and non-binary persons. Women with disabilities face more violence and fewer opportunities, often experiencing “double discrimination” because of both their gender and disability. Even though the Constitution promises equality, in real life women with disabilities still struggle to make decisions about their own lives. This shows that gender rights in India are only partly inclusive of disabled persons, and more changes are needed to make them truly equal and fair for everyone.

14. References Ghai, A. (2015). Rethinking disability in India. Routledge. https://doi.org/10.4324/9781315734064 ISIS International. (2011). Developing the gender dimension in India’s disability rights movement. ISIS International. https://isis.isiswomen.org/index.php/wia/125-women-and-disabilities/659-developing-the-gender-dimension-in-indias-disability-rights-movement Khetarpal, A. (2017). Breaking stereotypes: Sexual and reproductive rights of women with disabilities in India. In S. Joseph (Ed.), Disabled women in India: Issues and challenges (pp. 83–95). Gyan Publishing House LSE Human Rights Blog. (2023, August 3). Disability rights and gender inclusivity: Why the Indian government should revisit their disability policies. London School of Economics and Political Science . https://blogs.lse.ac.uk/humanrights/2023/08/03/disability-rights-and-gender-inclusivity-why-the-indian-government-should-revisit-their-disability-policies/ Pal, G. C. (2011). Disability, intersectionality and deprivation: An excluded agenda. Psychology and Developing Societies, 23(2), 159–176. https://doi.org/10.1177/097133361102300202 Reddy, B., & Kumari, K. (2021). Rights of women with disability under Indian law: On the crossroads of gender and autonomy. International Journal of Law Management & Humanities , 4(1), 2219–2233. https://docs.manupatra.in/newsline/articles/Upload/7102F404-0902-4EEC-BA55-F8EFC25DA6D4.pdf Thompson, S., Rohwerder , B., & Mukherjee, D. (2023). Disability, religion, and gender: Exploring experiences of exclusion in India through an intersectional lens. Social Inclusion, 11(4), 314–325. https://doi.org/10.17645/si.v11i4.7129 United Nations Population Fund (UNFPA). (2023, March 7). United efforts required to end violence against people with disabilities. UNFPA India. https://india.unfpa.org/en/news/united-efforts-required-end-violence-against-people-disabilities Sundar, N. (2022). Slow progress for women with disabilities in India. Current History , 121(834), 129–134. https://doi.org/10.1525/curh.2022.121.834.129

15. United Nations. (n.d.). Report of the Working Group to the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities. Retrieved August 28, 2025, from https://www.un.org/esa/socdev/enable/rights/ahcwgreport.htm S antacreu-Vasut, E., & Wu, H. (2025). At the intersection of ableism and sexism: Conceptual and empirical applications. Journal of Business Ethics. Advance online publication. https://doi.org/10.1007/s10551-025-05961-7 Sumskiėnė, E., Jankauskaitė, M., & Grigaitė, U. (2016). Intersection between a social gender and disability: A self-concept of women with disabilities in the post-feminist context . Considering Disability Journal, 1 (1), 57–74. https://doi.org/10.17774/CDJ1.32016.1.20575874 Rajni. (2020). Gender and Disability: Dual Marginalization. Indian Journal of Gender Studies , 27(3), 410-419. https://doi.org/10.1177/0971521520939285 (Original work published 2020) Mulcahy A, Streed CG Jr, Wallisch AM, Batza K, Kurth N, Hall JP, McMaughan DJ. Gender Identity, Disability, and Unmet Healthcare Needs among Disabled People Living in the Community in the United States. Int J Environ Res Public Health. 2022 Feb 23;19(5):2588. doi: 10.3390/ijerph19052588. PMID: 35270279; PMCID: PMC8909748. https://pmc.ncbi.nlm.nih.gov/articles/PMC8909748/?utm_source