BRIDGING THE GAP: A SOCIO-LEGAL ANALYSIS OF THE CONSTITUTIONAL MANDATE FOR INCLUSIVE EDUCATION AND THE RIGHTS OF CHILDREN WITH DISABILITIES

AUTHOR – KUMAR LAKSHAY, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – KUMAR LAKSHAY, BRIDGING THE GAP: A SOCIO-LEGAL ANALYSIS OF THE CONSTITUTIONAL MANDATE FOR INCLUSIVE EDUCATION AND THE RIGHTS OF CHILDREN WITH DISABILITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 264-272, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Education is the bedrock of individual autonomy and social integration, yet for children with disabilities, the realization of this right has historically been obstructed by systemic exclusion and pedagogical rigidity. This research paper explores the Conceptual and Constitutional Framework Governing Inclusive Education, tracing the pivotal shift from the Medical Model which views disability as an individual pathology to be “fixed” to the Social and Human Rights Models, which identify societal barriers as the primary source of disablement.

The study provides a comprehensive analysis of the international legal landscape, centered on the UN Convention on the Rights of Persons with Disabilities (UNCRPD), and examines how these global norms are translated into domestic constitutional mandates. By scrutinizing the principles of Equality, Non-Discrimination, and Reasonable Accommodation, the paper argues that inclusive education is not merely a policy choice but a constitutional imperative rooted in the right to a life with dignity.

Through an examination of judicial activism and landmark case law, the research identifies a growing judicial trend toward enforcing “meaningful access” rather than mere physical integration. However, the study also highlights significant gaps between legislative intent and grassroots reality, such as inadequate teacher training and inaccessible infrastructure. The paper concludes by recommending the adoption of Universal Design for Learning (UDL) and standardized “inclusion audits” to ensure that the constitutional promise of education becomes a lived reality for every child, regardless of ability.