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The Unseen Battle: Why Our Laws Fail Neurodivergent And Disabled Women – An Elaboration – IMPRI Impact And Policy Research Institute

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Tanya Kesharwani

We often discuss discrimination as a singular issue, but for neurodivergent and disabled women, it is a multi-layered experience. Imagine facing bias not just because of your gender, but also because of your unique neurological make-up or physical differences. This is not just a hypothetical; it is the daily reality for countless women in India who navigate a unique “double disadvantage.”

1This intersection of gender and disability, or neurodivergence, is not just a theoretical concept; it dramatically amplifies challenges across every facet of life. From accessing vital healthcare and securing an education, to finding meaningful employment and even seeking justice, these women encounter compounded obstacles. While India has made commendable strides in legal frameworks, the lived experiences of these women highlight a critical, often overlooked, gap: the insufficient implementation and recognition of their specific struggles within our existing laws and policies.

The Invisible Struggles: Unpacking Social and Workplace Discrimination

For far too long, our societal understanding of neurodivergence—conditions like autism, ADHD, and dyslexia—has been disproportionately skewed towards male experiences. This leaves neurodivergent women frequently overlooked, misunderstood, or even dismissed. Imagine the sheer exhaustion of having to “mask” or hide your authentic self just to fit in, leading to increased anxiety and depression, simply because timely diagnoses and adequate support are elusive. This is not about choice; it is about survival in a world not built for them.

This pressure does not magically disappear in the workplace. Neurodivergent and disabled women are often subjected to both explicit and implicit biases. Their communication styles, their work methodologies—which may simply differ from neurotypical expectations—can lead to bullying, isolation, or pervasive assumptions of incompetence. The very act of disclosing their condition or requesting reasonable accommodations often comes with a chilling risk: job loss, harassment, or being consistently passed over for career-enhancing opportunities. Even where protective laws exist, these women are frequently relegated to lower-status or less-visible roles, trapped by the slow implementation of accessibility measures, a palpable lack of supportive leadership, and pervasive negative stereotypes about their capabilities. It is a classic case of laws on paper versus reality on the ground.

Seeking Justice, Finding Walls: The Barriers to Protection

India’s Rights of Persons with Disabilities Act (RPwD), 2016, represents a crucial step forward, demanding equality for disabled individuals and even specifically referencing women and children in certain sections. However, the stark reality is that these laws are often insufficiently enforced. Gender-specific experiences, such as sexual violence or reproductive rights issues, frequently lack robust legal coverage or the necessary procedural support, leaving these women with little recourse when their rights are violated. It is a frustrating paradox: a legal right exists, but the pathway to justice is obstructed.

Even more troubling is their invisibility in broader policy and data collection. The specific needs of disabled women are frequently absent from both disability rights movements and gender equality policies. Most disability legislation fails to adequately address gender-based violence or the compounded forms of discrimination women with disabilities face. This critical policy gap leaves them exceptionally vulnerable to abuse, neglect, and exploitation—experiences that are, shockingly, regularly dismissed or ignored by authorities and even by some women’s or disability advocacy groups. Without specific acknowledgement, their unique suffering remains largely unaddressed.

A Deeper Isolation: Navigating Healthcare and Social Barriers

The challenges extend deeply into healthcare. Women, in general, are unfortunately less likely to be believed or treated promptly in medical settings—a bias sometimes termed “medical misogyny.” This phenomenon is even more pronounced for neurodivergent and disabled women, especially if their disabilities are invisible. The direct result is delayed diagnoses and insufficient support, often leading to a dangerous deterioration of their mental and physical health. When your pain is not believed, or your symptoms are dismissed as “just anxiety,” the consequences can be dire.

The barriers begin early, with girls with disabilities facing higher rates of exclusion from school or social groups due to both outright discrimination and inaccessible infrastructure. These social attitudes tragically continue to limit independence throughout life, with evidence pointing to higher rates of social isolation, abuse, and even institutionalisation compared to men with disabilities or non-disabled women. The compounding effect of ableism and sexism creates a formidable barrier to full participation in society.

The Path Forward: Bridging the Gaps for True Inclusion

The time for abstract discussions is over. To truly create an equitable society, we must urgently address the unique discrimination faced by neurodivergent and disabled women. This requires a multi-faceted and determined approach:

  • Intersectional Legislation: We need truly inclusive laws that acknowledge and address the intersecting forms of discrimination these women face. This means weaving together disability rights, gender justice, and mental health support into a cohesive, single framework. It is about seeing the whole person, not just isolated parts.
  • Rigour and Sensitivity in Enforcement: Passing comprehensive legal protections is only the first step. We need rigorous and sensitive enforcement, coupled with widespread awareness training for employers, justice officials, healthcare workers, and educators. Understanding and empathy are not just desirable; they are foundational to true equity. This requires a shift in mindset and sustained effort.
  • Empowering Women’s Voices: Crucially, neurodivergent and disabled women must have meaningful representation and decision-making power in policy formulation, advocacy efforts, and community programs. Their lived experiences are not just valuable; they are essential to shaping equitable and effective laws and supports. Nothing about us, without us.

Although there has been progress on paper, the harsh reality is that the absence of strong, intersectional laws and consistent policy enforcement leaves neurodivergent and disabled women disproportionately vulnerable to marginalisation and discrimination. Addressing these vital gaps is a top priority for governments, institutions, and society overall. Only then can we guarantee that all women, regardless of their neurological or physical abilities, can live with the dignity, autonomy, and security they deserve.

Disclaimer: All views expressed in the article belong solely to the author and not
necessarily to the organisation.

About the Author
Tanya Kesharwani is a Psychologist and a Fellow of LPPYF Cohort-5.

Acknowledgement

This research was undertaken as part of my fellowship at the Impact and Policy Research Institute (IMPRI), New Delhi). I am deeply grateful to Prof Vibhuti Patel (Chair) for her visionary leadership, and to Adv Dr Shalu Nigam for her invaluable legal insights and mentorship throughout the program.

I sincerely thank the expert coordinators, Swetha Shanker Pydimarry and Reet Lath, for their continuous support. I also appreciate the contributions of distinguished experts whose sessions enriched this study: Adv Dr Albertina Almeida, Prof Ceena Paul, Ms Vahida Nainar, Prof Saumya Uma, Adv Audrey D’Mello, Prof N. Manimekalai, Prof Sanjukta Bhattacharya, Ms Amarjeet Kaur, and Ms Neeta Hardikar.

My gratitude to the convenors—Dr Ajay Gudavarthy, Adv Celin Thomas, Dr Simi Mehta, and Dr Arjun Kumar—for fostering a critical, inclusive research space.

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