Exploring the relationship of law and emotions in the context of Disability Rights jurisprudence

In this article, I attempt to explore the relationship between law and emotions in the context of disability rights jurisprudence. It is argued that the scholarship on law and emotions has not yet grappled with either the ableist legal theory or infusion of negative emotions in law vis-à-vis physical and mental disability. Using the conceptual framework proffered by Terry Maroney, this article situates the disability rights jurisprudence in the scholarship on law and emotions with critical examination of the United Nations Convention on Rights of Persons with Disabilities (UNCRPD), the Constitution of India, and the Rights of Persons with Disability Act 2016 (RPwD Act). A case has been made out to foster infusion of positive emotions of dignity, empathy, and compassion in legal regime to combat stigmatisation of physical and mental disability, garner respect for difference and diversity and recognise disability as part of humanity.