In India individuals with disabilities have a constitutional right to be treated equally with equal opportunities, access to resources, equal societal participation and so on. To ensure equality to disabled persons, Government of India has undertaken several steps. There has been a paradigm shift in the conceptual understanding from a charity-based approach to a right-based approach. ‘The Rights of Persons with Disability Act, 2016 (RPwD Act, 2016)’ imparts rights and entitlements to disabled persons in India. This ensures rights, equality, participation, non-discrimination and accountability. However, reality starkly deviates from this ideal society. There exists partial implementation of laws and policies at ground level which becomes the subject matter of investigation here. This article shall examine the factors that make the disabled population vulnerable in their existence in society and would establish the denial of their rights, privileges and opportunities due to this vulnerability. It shall examine the guarantees and protections which Indian Constitution has assured to disabled groups and it current status. The article argues for affirmative action for these groups by highlighting how because of vulnerable status and denials, disabled groups constitute a distinct and separate class in themselves and hence must be made the subjects of affirmative action.