A study on marriages of persons with disabilities in India: Analysing it from the lens of Charity and Rights-Based Models

  • Samyuktha Anuram Gujarat National Law University
  • Marisport A. Gujarat National Law University

Abstract

Persons with disabilities have relatively minimal interaction with society due to their physical impairments and sociocultural restrictions as a result their families are the only people with whom they can truly enjoy life. The objective of building a successful marriage and nurturing a joyful family is not limited to only able-bodied, disabled persons also strive for the same but encounter significant obstacles in finding a partner due to physical limitations, cognitive issues, societal bias, and social exclusion. Despite laws prohibiting discrimination against disabled persons, they are often subjected to unfair treatment by the public. They are negatively impacted and their integrity is called into question by continued submission to charity and infringement on their rights. The paper will explore the issue of marriage from two paradigms, namely the charity and the rights-based model.


The research methodology entails the collection of data from secondary sources to establish context and provide background information. Subsequently, the data will undergo thorough analysis and interpretation, leading to the formulation of conclusions and recommendations. The analysis will encompass the Indian Constitution, relevant legislation on marriage, and secondary sources like news articles and research papers, primarily sourced from government websites to enhance comprehension.

Author Biography

Marisport A., Gujarat National Law University

Dr Marisport A. is an Assistant Professor of Law at Gujarat National Law University, Gandhinagar (India) and Samyuktha Anuram is an undergraduate student at Gujarat National Law University, Gandhinagar (India).

References

1. Addlakha R. How young people with disabilities conceptualize the body, sex and marriage in urban India: Four case studies. Sexuality and Disability. 2007;25(3):111-23. doi: 10.1007/s11195-007-9045-9.
2. Admin_Newzhook. Disabled people find their soulmates at ‘Swayamvara’ event in Chennai. Newz Hook | Disability News - Changing Attitudes Towards Disability. 2018 Oct 2. Available from: https://newzhook.com/story/20123/.
3. Adhikari A. Marriage and persons with disabilities–Current trends and reflections. Randwick International of Social Science Journal. 2020;1(1):53-62.
4. Blind People’s Association (Ahmedabad), India. Policies and schemes of central and state governments for people with disabilities. Sightsavers India. 2012 May 18. Available from: https://www.sightsaversindia.in/wp-content/uploads/2019/03/17581_Policies-and-Schemes-of-Central-and-State-Governments-for-People-with-Disabilities.pdf.
5. Cuts Cart. Disability – Human rights based model versus the social, medical and charity models. Dis-Ability Junction. 2011 Mar. Available from: https://cuts-cart.org/pdf/Dis-Ability_Junction_03-2011.pdf.
6. Government of Karnataka. Economic survey of Karnataka 2017-18. Available from: https://karnataka.gov.in/storage/pdf-files/ESR%202017-18%20English.pdf.
7. George DM. Wedding bells for the disabled. The New Indian Express. 2022 May 26. Available from: https://www.newindianexpress.com/cities/chennai/2022/may/26/wedding-bellsfor-the-disabled-2457928.html.
8. Government of Odisha, Department of Social Security & Empowerment of Persons with Disabilities. Revised guidelines award incentive marriage between persons benchmark disabilities and other. Available from: https://ssepd.odisha.gov.in/news/revised-guidelines-award-incentive-marriage-between-persons-benchmark-disabilities-and-other.
9. Government of Puducherry, Directorate of Social Welfare. Grant of incentive for marriage between differently abled person. Available from: https://socwelfare.py.gov.in/grant-incentive-marriage-between-differently-abled-person.
10. Ians. Tripura increases marriage aid for differently abled persons. The Statesman. 2017 May 2. Available from: https://www.thestatesman.com/cities/tripura-increases-marriage-aid-for-differently-abled-persons-1493723343.html.
11. Lalit S. Incentive for marrying a disabled person in India. WeCapable. 2021 Nov 12. Available from: https://wecapable.com/marriage-incentive-marry-disabled-person-india/.
12. MyScheme. Marriage assistance to daughters of differently abled parents (Parinayam-I). Available from: https://www.myscheme.gov.in/schemes/maddapp-i.
13. Official website of Empowerment of Persons with Disabilities Department. Marriage incentive reward scheme. Available from: https://www.uphwd.gov.in/article/en/disabled-people-to-marry-award.
14. The Times of India. Marrying the disabled: Govt hikes award grant. 2013 Jul 5. Available from: https://timesofindia.indiatimes.com/city/goa/marrying-the-disabled-govt-hikes-award-grant/articleshow/20922156.cms.
15. PTI. Persons with disabilities to also get benefits of Haryana scheme at time of marriage. The Times of India. 2020 Jun 20. Available from: https://timesofindia.indiatimes.com/city/chandigarh/persons-with-disabilities-to-also-get-benefits-of-haryana-scheme-at-time-of-marriage/articleshow/76481078.cms.
16. Ridhi. Swayamvar in holy books enforced as fundamental right by Article 21 of Constitution: Punjab and Haryana High Court. SCC Blog. 2023 Mar 3. Available from: https://www.scconline.com/blog/post/2023/02/28/swayamvar-in-holy-books-enforced-as-fundamental-right-by-article-21-of-constitution-punjab-and-haryana-high-court-legal-research-legal-news-updates/.
17. Sengupta M, Agree EM. Gender and disability among older adults in North and South India: Differences associated with coresidence and marriage. J Cross-Cult Gerontol. 2002;17(4):313-36.
18. The New Indian Express. A happily ever-after for all. 2022 Sep 9. Available from: https://www.newindianexpress.com/cities/chennai/2022/sep/10/a-happilyever-afterfor-all-2496548.html.
19. TNT Bureau. Marriage with disabled persons: Sikkim government to provide grant to 35 families. The Northeast Today. 2020 Dec 14. Available from: https://thenortheasttoday.com/states/sikkim/sikkim-government-provides-2-lakh-grant-to-35-families-for/cid2513042.htm.
20. Wani JM. Marriage of persons with disabilities—Change and continuity in discrimination. Int J Sci Res. 2022;11(10). doi: 10.21275/SR221007103229395.
21. Telangana Government. Marriage incentive award. Available from: https://wdsc.telangana.gov.in/content2.php?U=22%20&&%20T=Marriage%20Incentive%20Award.
22. Venkatraman, S. (2020, July 23). Bihar government’s move to offer cash incentives to marry disabled persons sparks off debate. Newz Hook | Disability News - Changing Attitudes Towards Disability. https://newzhook.com/story/bihar-government-monetary-incentive-cash-marriage-disabled-divyang-differently-abled-shivaji-kumar-disability-commissioner/
Published
2025-06-05
How to Cite
ANURAM, Samyuktha; A., Marisport. A study on marriages of persons with disabilities in India: Analysing it from the lens of Charity and Rights-Based Models. International Journal of Law, Human Rights and Constitutional Studies, [S.l.], v. 7, n. 1, p. 13-23, june 2025. Available at: <http://thejournalshouse.com/index.php/IntlJ-Law-Humanrights-Consstudy/article/view/1378>. Date accessed: 06 june 2025.