INTERSECTIONALITY IN GUARDIANSHIP LAWS: HOW GENDER, SOCIOECONOMIC STATUS, AND DISABILITY TYPE AFFECT IMPLEMENTATION OF THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

AUTHORS – SHREYA DWIVEDI* & SACHIN KUMAR**

* STUDENT AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – DWIVEDISHREYA001@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – SACHINKUMAR@UTTARANCHALUNIVERSITY.AC.IN

BEST CITATION – SHREYA DWIVEDI & SACHIN KUMAR, INTERSECTIONALITY IN GUARDIANSHIP LAWS: HOW GENDER, SOCIOECONOMIC STATUS, AND DISABILITY TYPE AFFECT IMPLEMENTATION OF THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 471-479, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

“In this article, an intersectional perspective is utilised to investigate the implementation of guardianship legislation in accordance with India’s Rights of Persons with Disabilities Act, 2016, also known as the RPD Act. Despite the fact that the RPD Act constituted a paradigm change from substituted decision-making to supported decision-making, the implementation of the act revealed major differences depending on gender, socioeconomic level, and the kind of impairment faced by individuals. The purpose of this study is to investigate the ways in which these interrelated aspects have an impact on guardianship processes, court interpretations, and the experiences that people with disabilities really have in their lives. The findings of this study, which are based on a review of case law, interviews with stakeholders, and comparative legal frameworks, indicate that women with disabilities, individuals who are economically poor, and people with particular types of impairments face disproportionate impediments when it comes to exercising their legal capacity. The paper comes to a close with some suggestions for policy changes that would address the intersectional vulnerabilities that have been identified and would guarantee that the guardianship provisions of the RPD Act are implemented in an equitable manner.”

Keywords: Guardianship laws, Intersectionality, Rights of Persons with Disabilities Act, Legal capacity, Gender, Socioeconomic status, Disability types