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In a significant step towards addressing the rights and needs of children with disabilities, Chief Justice of India (CJI) Dr. D.Y. Chandrachud launched the Handbook Concerning Persons with Disability Rights at the 9th National Stakeholders Consultation. This event, focusing on the protection of children living with disabilities, including children in conflict with law (CiCL) and children in need of care and protection (CNCP), serves as a clarion call for the judiciary, legal practitioners, policymakers, and society to foster inclusivity for some of the most vulnerable members of our society.

The Legal Landscape for Disability Rights in India

The Indian legal framework governing the rights of persons with disabilities, including children, is primarily encapsulated in two significant legislations: the Rights of Persons with Disabilities (RPWD) Act, 2016 and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act).

1. Rights of Persons with Disabilities (RPWD) Act, 2016: The RPWD Act provides a robust framework for the rehabilitation, empowerment, and inclusion of persons with disabilities. It outlines rights such as access to education, health services, and employment opportunities. For children, the act emphasizes inclusive education and prohibits discrimination based on disabilities in any form. It mandates special provisions for children with disabilities, including adaptations in examination systems and the right to free education up to the age of 18 in appropriate settings.

2. Juvenile Justice (Care and Protection of Children) Act, 2015: The JJ Act recognizes children with mental or physical disabilities as being particularly vulnerable and in need of care and protection. The act also mandates enhanced penalties for offences committed against disabled children, imposing a double punishment for such crimes. However, as pointed out by CJI Chandrachud, a punitive approach, while necessary, is often insufficient. It fails to address the underlying causes of neglect and abuse and does not provide the requisite support or rehabilitation for children in conflict with the law.

CJI Chandrachud’s Four Key Postulations for Change

During his address, CJI Chandrachud stressed four critical areas that require urgent attention:

1. Recognizing the Problem: One of the foremost challenges highlighted was the lack of real-time, disaggregated data on children with disabilities, particularly those who are survivors of sexual offences or who come into conflict with the law. Without accurate data, it is impossible to design effective policies or interventions. The importance of prioritizing data collection systems under the Juvenile Justice framework was emphasized, with CJI calling for a data-driven approach to policy development and reform.

2. Ensuring a Robust Legal Framework: While India has progressive legislation like the RPWD Act and the JJ Act, the real impact of these laws on the ground remains limited. The legal frameworks tend to be reactive, focusing on post-offence penalties rather than proactive prevention, support, and rehabilitation. International best practices, such as specialist advocates and customized courtroom settings for children with disabilities in countries like New Zealand, were cited as examples India can learn from.

3. Capacity Building: A major issue identified was the lack of adequate training and sensitization among professionals within the justice system, including judges, police officers, and lawyers, to handle cases involving children with disabilities. The need for continuous capacity-building programs akin to those implemented in countries like the UK was underscored. Specialized training has proven effective in reducing trauma for children with disabilities during legal proceedings and improving communication between the children and legal authorities.

4. Intersectionality and Compounded Vulnerabilities: CJI Chandrachud also addressed the intersectionality of disabilities with other marginalized identities, such as gender, caste, and socio-economic status. He referred to the doctrine of intersectionality, as developed by legal scholar Kimberlé Crenshaw, to highlight how children with disabilities who belong to marginalized groups face compounded discrimination. For example, in Patan Jamal Vali v. State of Andhra Pradesh, the Supreme Court recognized the unique vulnerabilities of a girl who was both visually impaired and a member of a Scheduled Caste, emphasizing the need for nuanced legal protections.

Strengthening the Justice System for Children with Disabilities

The CJI’s speech provides a roadmap for reforms that could make the justice system more accessible and inclusive for children with disabilities. Some of the suggestions include:

• Data Collection and Monitoring: The call for real-time, accurate data collection systems within the Juvenile Justice framework is essential to create tailored interventions that address the unique needs of children with disabilities.
• Legal and Procedural Accommodations: Procedural accommodations such as interpreters, modified questioning, and the use of intermediaries were highlighted as critical to ensuring that children with disabilities are not disadvantaged in the judicial process. Currently, the absence of such accommodations puts children with disabilities at a significant disadvantage, impeding their access to justice.
• Sensitization and Training: Continuous training for legal professionals is imperative to ensure that they understand the specific challenges faced by children with disabilities. Sensitization programs should aim to reduce re-victimization during legal proceedings and promote compassionate handling of cases.
• International Cooperation: The need for cross-border sharing of best practices and capacity-building from countries with more advanced disability-inclusive systems was stressed. Collaborative efforts could significantly improve India’s ability to cater to the needs of children with disabilities.

Moving Toward an Inclusive Society

CJI Chandrachud’s call to action, grounded in personal experience as a foster parent, is a reminder of the importance of empathy in the legal and policy frameworks we build. His daughters, he said, transformed his worldview, further solidifying his commitment to creating an inclusive society where every child is cherished, protected, and empowered—regardless of their abilities.

The launch of the Handbook Concerning Persons Disability Rights is a step forward in sensitizing the legal community and the public about the rights of persons with disabilities. The incorporation of Braille and audiobooks ensures that this resource is accessible to all. However, more remains to be done to ensure that these laws and guidelines translate into real, tangible changes on the ground.

Conclusion

The legal frameworks in India offer significant protections for children with disabilities, but their full potential has yet to be realized. The judicial and legal systems must evolve to proactively support these children, ensuring that they are not only protected but also empowered to live dignified, fulfilled lives. CJI Chandrachud’s speech serves as a call for reform, urging all stakeholders to act with urgency and compassion in addressing the unique challenges faced by children with disabilities.

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