The Inclusivity Stack: Operationalising Disability Justice in India’s Sovereign AI Architecture

The Inclusivity Stack

Abstract

The Government of India’s strategic pivot towards "Sovereign Artificial Intelligence," crystallised in the ₹10,371 crore IndiaAI Mission, represents a watershed moment in the nation’s digital governance trajectory. As the state moves to integrate Artificial Intelligence (AI) into the foundational layer of Digital Public Infrastructure (DPI)—spanning healthcare, agriculture, and urban governance—it faces a critical architectural choice: to replicate the exclusionary patterns of the "medical model" of disability or to operationalise a "social model" that views accessibility as a non-negotiable constitutional guarantee. This report proposes the "Inclusivity Stack," a comprehensive governance and technical framework designed to embed disability justice into the IndiaAI ecosystem. Drawing extensively on the Supreme Court’s landmark judgment in Rajive Raturi v. Union of India (2024), the Rights of Persons with Disabilities (RPWD) Act, 2016, and global best practices such as the EU AI Act and Canada’s CAN-ASC-6.2 standard, this document outlines a roadmap for "fixing" the digital environment rather than the individual. It argues that the inclusion of India’s 26.8 million persons with disabilities is not merely a moral imperative but a prerequisite for the mathematical robustness, legal validity, and economic viability of India’s sovereign AI ambitions.

1. Introduction: The Sovereign AI Moment and the Risk of Digital Apartheid

1.1 The Genesis of the IndiaAI Mission

In March 2024, the Union Cabinet approved the IndiaAI Mission with a substantial budgetary outlay of ₹10,371.92 crore, signaling India’s intent to move from being a consumer of Western AI models to a creator of indigenous, sovereign AI capabilities.1 This mission is structurally organised around seven distinct pillars, designed to democratise access to computing power and data:

1. IndiaAI Compute Pillar: The deployment of over 38,000 Graphics Processing Units (GPUs) to provide affordable computational infrastructure to startups and researchers.2
2. IndiaAI Application Development Initiative: Targeting critical sectors such as healthcare, agriculture, and governance.2
3. AIKosh (Dataset Platform): A unified repository for high-quality, non-personal datasets to train indigenous models.3
4. IndiaAI Foundation Models (BharatGen): The development of "BharatGen," a sovereign Large Multimodal Model (LMM) trained on diverse Indic languages and datasets.4
5. IndiaAI FutureSkills: Aimed at expanding the AI talent pool through academic and vocational training.2
6. IndiaAI Startup Financing: Venture capital support for deep-tech AI startups.6
7. Safe & Trusted AI: A framework for responsible AI governance, including the establishment of the IndiaAI Safety Institute (AISI).7

While the mission’s scale is ambitious, aiming to catalyse a $1.7 trillion contribution to the Indian economy by 2035 2, its current architectural blueprint lacks explicit mechanisms to address the "digital apartheid" faced by Persons with Disabilities (PwDs). In a nation where internet access is already stratified by caste, class, and geography, the uncritical deployment of AI threatens to deepen these divides.

1.2 The "Data Void" and Algorithmic Exclusion

The exclusion of PwDs from the digital ecosystem is not accidental but systemic, often described as a "data void." Contemporary AI systems are predominantly trained on data that reflects the "normative" able-bodied user.

• Speech Recognition: Models trained on standard datasets often fail to recognise dysarthric speech (common in conditions like cerebral palsy) or the vocal patterns of the deaf community.8
• Computer Vision: Facial recognition systems, such as those used in the DigiYatra biometric boarding initiative, are frequently trained on datasets that lack representation of individuals with facial differences, Down syndrome, or palsy, leading to higher failure rates for these groups.9
• Natural Language Processing (NLP): Large Language Models (LLMs) often hallucinate "cures" or offer patronizing advice when users disclose a disability, reflecting the biases inherent in their training corpora.11

If the IndiaAI Mission proceeds without rectifying these voids, the "Sovereign AI" infrastructure will effectively become a "Sovereign Exclusion Mechanism," automating the denial of services to the most vulnerable citizens.

1.3 The Economic and Constitutional Imperative

The argument for inclusion is not solely humanitarian; it is economic and constitutional.

• Economic Cost: Excluding PwDs from the digital economy limits the potential GDP growth that the IndiaAI Mission seeks to unlock. Accessible technology enables workforce participation for millions who are currently marginalized.13
• Constitutional Mandate: The Supreme Court of India, in Rajive Raturi v. Union of India (2024), explicitly held that accessibility is a facet of the Fundamental Right to Life (Article 21) and Equality (Article 14).14 The Court mandated that the "State has an obligation to ensure that all steps... are taken" to ensure accessibility in "information, technology and entertainment".16

This report articulates the "Inclusivity Stack"—a layered framework to operationalise these legal and ethical mandates within the technical architecture of the IndiaAI Mission.

2. Theoretical Framework: De-Medicalising Artificial Intelligence

To build an inclusive AI architecture, policy-makers must first interrogate and dismantle the theoretical models of disability that currently inform—often subconsciously—the development of AI systems.

2.1 The Medical Model vs. The Social Model in Code

The development of AI has historically been rooted in the Medical Model of Disability. This model views disability as a "deficit," "pathology," or "aberration" residing within the individual that requires diagnosis, treatment, or cure.17

• In AI Development: This manifests in data annotation practices where non-normative behaviors (e.g., lack of eye contact in autism, stuttering in speech) are labeled as "errors," "noise," or "negative samples" to be filtered out.11
• The Consequence: An AI system trained on this model views a disabled user as a "broken" user. A proctoring algorithm flags a neurodivergent student’s movements as "suspicious" 20; a hiring algorithm ranks a candidate with a disability lower because their resume signals a "deviation" from the norm.12

In contrast, the Social Model of Disability, which underpins the UN Convention on the Rights of Persons with Disabilities (UNCRPD), posits that disability is constructed by societal barriers—physical, attitudinal, and digital—that prevent full participation.21

• In AI Development: Operationalising the Social Model requires shifting the focus from "fixing the user" to "fixing the system." It demands that AI interfaces be designed to accommodate diverse modes of interaction (e.g., supporting screen readers, switch devices, or sign language) as native features, not afterthoughts.19

2.2 Confronting "Technoableism"

The philosopher of technology Ashley Shew defines "Technoableism" as the pervasive belief that technology is the "solution" to disability, often characterizing disabled people as "problems" awaiting a technological "fix".23

• The Trap of "Inspiration Porn": Technoableism often manifests in high-profile projects—such as AI-powered exoskeletons or brain-computer interfaces—that garner media attention ("Inspiration Porn") while basic digital infrastructure remains inaccessible.24
• Policy Implication: For the IndiaAI Mission, avoiding technoableism means prioritizing boring but essential infrastructure (e.g., ensuring the CAPTCHA on the PM-Kisan portal is accessible to the blind) over flashy, high-tech "cures" that benefit a few. It means recognizing that disabled people are experts in their own lives and must lead the design process ("Nothing Without Us").23

3. The Legal Layer: From Guidelines to Non-Negotiable Standards

The foundation of the Inclusivity Stack is a robust legal framework that elevates accessibility from a voluntary "best practice" to a mandatory compliance requirement. The legal landscape in India has shifted dramatically in this regard following recent judicial interventions.

3.1 The Rajive Raturi Paradigm Shift (2024)

On November 8, 2024, the Supreme Court of India delivered a landmark judgment in Rajive Raturi v. Union of India.14 The case, originating from a PIL filed in 2005 by visually impaired activist Rajive Raturi, addressed the systemic failure of the state to implement accessibility mandates.

Key Judicial Findings:

1. Mandatory Rules: The Court accepted the argument presented by the NALSAR Centre for Disability Studies (CDS) that Rule 15 of the RPWD Rules, 2017, which prescribed accessibility standards, had historically been treated as directory (voluntary). The Court ruled that Rule 15, read with Sections 40, 44, and 45 of the RPWD Act, creates a mandatory compliance framework.15
2. Ultra Vires: The NALSAR report Finding Sizes for All argued that any interpretation of the rules that allows for "self-regulation" or "guidelines" is ultra vires (beyond the powers of) the parent Act, which mandates full accessibility.26
3. Digital Inclusion: While the case focused on physical access, the judgment explicitly stated that "accessibility to information, technology and entertainment is equally important".16 This extends the mandate to all digital platforms, AI interfaces, and electronic services provided by the state.

Implication for IndiaAI: Any AI system deployed by the government (e.g., BharatGen, DigiYatra) that fails to meet accessibility standards is now illegal and actionable under the RPWD Act.27

3.2 IS 17802: The Constitutional Standard for Code

The technical benchmark for this legal mandate is IS 17802: Accessibility for ICT Products and Services, notified by the Bureau of Indian Standards (BIS) in 2021/2022.28

• Part 1 (Requirements): Aligned with the global standard EN 301 549 and WCAG 2.1, this section specifies functional performance statements (e.g., "usage without vision," "usage with limited manipulation").29
• Part 2 (Conformance): Defines the testing methodologies to verify compliance.29
• Enforceability: Following the RPWD Amendment Rules 2023, IS 17802 is the statutory standard.30 This means that procurement of AI systems via the Government e-Marketplace (GeM) must strictly adhere to these standards.

3.3 Comparative Jurisprudence: The EU and Canada

India’s legal framework can be further strengthened by examining global best practices:

• Canada (CAN-ASC-6.2:2025): Canada has released the world’s first standard specifically for "Accessible and Equitable Artificial Intelligence Systems".31 It mandates that persons with disabilities be involved in the entire AI lifecycle—from data collection to model training—and introduces the concept of "Equitable AI" to prevent algorithmic discrimination.25
• European Union (EU AI Act): The EU AI Act (Article 5 & Recital 80) categorises AI systems that exploit vulnerabilities of persons with disabilities as "Unacceptable Risk" (prohibited). High-risk systems (e.g., education, employment) must demonstrate compliance with accessibility requirements by design.33

Recommendation: The IndiaAI Mission should adopt a framework analogous to CAN-ASC-6.2, mandating "lifecycle inclusion" for all projects funded under the Safe & Trusted AI pillar.

4. The Data Layer: Constructing the Disability Data Commons

Artificial Intelligence is, at its core, an engine of pattern recognition. If the "pattern" of disability is absent from the training data, the AI will inevitably treat disability as an anomaly. The AIKosh pillar of the IndiaAI Mission 2 must address this "data void" to ensure sovereign AI is truly inclusive.

4.1 The Representation Gap in Indic Datasets

Current datasets for Indian languages (e.g., those used to train BharatGen) suffer from a dual exclusion:

1. General Data Poverty: While initiatives like Bhashini are addressing the lack of Indic language data, there is a severe scarcity of data representing disabled speakers of these languages.8
2. Specific Modality Gaps:

• Dysarthric Speech: There are few, if any, large-scale datasets of dysarthric or atypical speech in languages like Hindi, Tamil, or Bengali. This renders voice-activated UPI payments or government helplines inaccessible to millions with motor or speech impairments.35
• Indian Sign Language (ISL): Despite being a scheduled language capability under the New Education Policy, ISL lacks a comprehensive, annotated video-to-text corpus required to build robust translation models.36

4.2 The "Outlier Advantage": Robustness via Inclusion

A compelling technical argument for inclusion is the concept of the "Outlier Advantage." Machine Learning (ML) research indicates that training models on "edge cases" or diverse outliers improves the mathematical robustness and generalisation capabilities of the model for all users.37

• Curriculum Learning: By including "difficult" samples—such as stuttered speech or heavily accented voice commands—during training, the model learns to identify the phonetic core of language rather than over-fitting to superficial acoustic features.39
• Universal Benefit: A speech model trained on dysarthric speech performs significantly better in noisy environments (e.g., a railway station) for non-disabled users. Thus, investing in disability data is an investment in the overall quality of India’s sovereign AI.40

4.3 Governance: Data Empowerment and Protection Architecture (DEPA)

To collect this sensitive data without exploitation, India must leverage its Data Empowerment and Protection Architecture (DEPA).41

• Disability Data Trusts: We propose the creation of "Disability Data Commons"—fiduciary structures where the disability community pools their data (e.g., voice samples, gait patterns).
• Consent Managers: Using DEPA’s electronic consent artifact, PwDs can grant temporary, purpose-limited access to their data for training "public good" models (like BharatGen) while retaining ownership.43 This shifts the dynamic from "data extraction" to "data empowerment."

5. The Model Layer: Indigenous Intelligence and Red Teaming

The IndiaAI Compute Pillar and BharatGen initiative provide the computational muscle to build indigenous foundational models.4 This sovereign control offers a unique opportunity to "bake in" inclusion at the model layer, rather than retrofitting it later.

5.1 BharatGen and the Constitutional AI Paradigm

BharatGen, India’s proposed sovereign Large Multimodal Model, is currently being trained on datasets spanning 22 Indian languages.5 To avoid the pitfalls of Western models, BharatGen must adopt a Constitutional AI approach.

• Constitution as the Objective Function: The model’s reward function (in Reinforcement Learning from Human Feedback - RLHF) should be aligned with the constitutional values of Article 14 (Equality) and Article 21 (Dignity).
• Anti-Ableist Fine-Tuning: The model must be penalised for generating "inspiration porn," "medical model" diagnoses for social queries, or ableist stereotypes. It should be rewarded for providing accessible, empowering, and rights-based responses.12

5.2 Accessibility Red Teaming

The Safe & Trusted AI pillar 7 must institutionalize Accessibility Red Teaming—a structured adversarial testing process focused on disability bias.45

• Methodology: Unlike security red teaming (which tests for hacks), accessibility red teaming tests for Allocative Harms (denial of resources) and Quality of Service Harms (degraded performance).46
• The Red Team: This requires recruiting "white-hat" testers with disabilities—blind screen-reader users, autistic testers, deaf signers—to identify failure modes that able-bodied developers cannot perceive.47
• NIST Alignment: The IndiaAI Safety Institute (AISI) should align its red teaming protocols with the NIST AI Risk Management Framework (RMF), which explicitly identifies "bias and discrimination" as top-tier risks.48

5.3 Case Study: The Bhashini Gap

Bhashini, the National Language Translation Mission, is a flagship success, offering text-to-text translation in 22 languages.36 However, it currently treats Indian Sign Language (ISL) as an outlier.

• The "23rd Language": ISL is a distinct natural language with its own grammar (Subject-Object-Verb), distinct from spoken Hindi or English.
• The Inclusivity Stack Requirement: The Bhashini mandate must be expanded to treat ISL as the "23rd language." This requires funding for specific transformer architectures capable of processing 3D spatial grammar (video-to-text and text-to-avatar), moving beyond simple gesture recognition.36

6. The Governance Layer: Operationalising Justice

Technology is deployed within a bureaucratic structure. The "Governance Layer" ensures that the technical capabilities of the Inclusivity Stack are enforced through administrative and financial levers.

6.1 Public Procurement as a Policy Lever (GeM)

The Government of India is the largest purchaser of technology in the country. The Government e-Marketplace (GeM) is the primary funnel for this procurement.51

• Mandatory Accessibility Check: GeM must integrate a mandatory "IS 17802 Compliance" field for all AI and software tenders. Vendors should be required to upload a Voluntary Product Accessibility Template (VPAT) or a certificate from the Standardisation Testing and Quality Certification (STQC) directorate.52
• Market Shaping: By disqualifying inaccessible products from government tenders, the state creates a powerful market incentive for private vendors to adopt "Universal Design" principles.

6.2 Disability Impact Assessments (DIA)

For high-stakes AI deployments (e.g., policing, welfare distribution, healthcare), the nodal agency must conduct a Disability Impact Assessment (DIA) prior to deployment.8

• Framework: A DIA evaluates:

1. Exclusion Risk: Does the system (e.g., DigiYatra) exclude specific disability phenotypes (e.g., facial paralysis)?
2. Disparate Impact: Is the error rate higher for PwDs than for the general population?
3. Accommodation Pathways: Is there a non-digital, human-in-the-loop alternative available?

• Accountability: The results of the DIA should be public, and high-risk findings should trigger a mandatory pause in deployment until mitigations are in place.54

6.3 Institutional Accountability: CCPD and CAG

• Chief Commissioner for Persons with Disabilities (CCPD): The CCPD should establish a specialized "Digital Rights Wing" equipped with technical experts to adjudicate complaints regarding digital accessibility and AI discrimination.30
• Comptroller and Auditor General (CAG): As the CAG moves towards auditing AI systems 9, it must include specific "inclusivity audit" parameters. An AI system that is inaccessible is an inefficient use of public funds and should be flagged in CAG reports.

7. Case Studies in Exclusion and Remediation

7.1 DigiYatra and Biometric Exclusion

The Problem: DigiYatra uses Facial Recognition Technology (FRT) for airport entry. While efficient for the majority, it poses severe exclusion risks for PwDs.

• Biometric Failure: Individuals with cerebral palsy (head tremors), facial disfigurements, or Down syndrome often experience higher "False Rejection Rates" in FRT systems.9
• Physical Barriers: The automated gates often close too quickly for wheelchair users or those with slow gaits, causing physical anxiety or harm.55

The Inclusivity Stack Solution:

1. Data: Retrain the FRT models using a "Disability Data Trust" dataset to improve recognition of diverse faces (The Outlier Advantage).
2. Process: Mandate a permanent, staffed "Accessibility Lane" that does not require biometric authentication. This lane should not be a "penalty box" (slower) but a "premium service" (faster) to ensure dignity.56

7.2 PM-Kisan and Algorithmic Gatekeeping

The Problem: Welfare schemes like PM-Kisan rely on Aadhaar-seeded databases and AI-driven fraud detection to disperse funds.57

• Exclusion: AI systems may flag "suspicious" patterns—such as a mismatch in biometrics due to manual labor or disability—leading to the automated suspension of benefits ("Digital Death").
• Lack of Recourse: The grievance redressal mechanisms are often digital-first (chatbots), which may themselves be inaccessible to the blind or illiterate.

The Inclusivity Stack Solution:

1. Human-in-the-Loop: Any AI decision to suspend benefits must be automatically escalated to a human review officer.
2. Accessible Redressal: A "Click-to-Call" feature or a dedicated, accessible web portal compliant with IS 17802 must be available for beneficiaries to challenge algorithmic decisions.25

8. Conclusion: The Road to a Viksit Bharat

India’s aspiration to become a Viksit Bharat (Developed Nation) by 2047 rests on its ability to harness the full potential of its human capital. Leaving 2.21% of the population (officially) or closer to 15% (globally estimated) behind in a "digital apartheid" is not just a violation of human rights; it is a strategic error that undermines the nation’s economic and social cohesion.

The Inclusivity Stack proposed in this report is not an optional add-on; it is the structural steel required to support the weight of a billion aspirations. By operationalising the legal mandates of Rajive Raturi, leveraging the "Outlier Advantage" in data, and enforcing accountability through governance, India can demonstrate that its "Sovereign AI" is truly sovereign—because it serves everyone.

As India builds the digital highways of the 21st century, it must ensure they have ramps. The cost of exclusion is high, but the return on inclusion—a resilient, robust, and just digital republic—is immeasurable.

Table 1: The Inclusivity Stack – Summary of Recommendations

Layer	Current State (The Problem)	The Inclusivity Stack (The Solution)	Key Lever / Standard
Legal	Voluntary guidelines; "Soft Law" approach.	Mandatory Compliance; Non-negotiable standards.	Rajive Raturi Judgment; IS 17802; RPWD Act S.40.
Data	Data Voids; Medical Model annotation; Exclusion of outliers.	Disability Data Commons; Social Model annotation; Outlier Advantage.	AIKosh; DEPA; Data Trusts.
Model	Bias; Hallucinations; "Inspiration Porn"; Ignored edge cases.	Constitutional AI; Accessibility Red Teaming; Anti-ableist RLHF.	BharatGen; NIST RMF; AISI.
Interface	Inaccessible CAPTCHAs; Lack of ISL; Voice-only or Text-only silos.	Universal Design; Multi-modal access (ISL, text, voice, switch).	Bhashini (ISL Mission); CAN-ASC-6.2.
Governance	Self-regulation; Lack of audits; Technoableism.	Disability Impact Assessments (DIA); Third-party Audits; Procurement mandates.	GeM; CCPD; CAG Audits.

References & Citation Key

• Legal: Rajive Raturi v. Union of India (2024) 14; RPWD Act 2016 27; IS 17802.28
• Policy: IndiaAI Mission 1; NITI Aayog AI Strategy 7; EU AI Act 33; CAN-ASC-6.2.25
• Theory: Technoableism (Ashley Shew) 23; Social vs. Medical Model 18; Algorithmic Harms.46
• Technical: Red Teaming 45; Bias in datasets 8; Bhashini 36; Outlier Advantage.37
• Governance: GeM Procurement 51; DEPA & Data Trusts.41

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