Justice Nagarathna Urges Removal of Barriers for Children with Disabilities

“Invisible No More”: Addressing the Rights of Children Living with Disabilities

Recently, a two-day event "National Annual Stakeholders Consultation on Protecting the Rights of Children Living with Disabilities," was organised by the Supreme Court's Juvenile Justice Committee in collaboration with UNICEF. Supreme Court Judge B.V. Nagarathna emphasized the importance of removing barriers for differently-abled children, essential for their integration into society. The policies affecting children with disabilities should be based on solid data and thoroughly researched, especially in a world with limited resources and competing priorities. A handbook on inclusive terminology will be launched by Chief Justice of India D.Y. Chandrachud during the event.

The stakeholders and readers would embrace the principles outlined in the chapter regarding respectful language for referring to individuals with disabilities and mental health conditions. Children and individuals with disabilities often face challenges such as inaccessible social services, insufficient access to assistive technology, a lack of accessible communication formats, and limited support for parents and caregivers, due to the combined impact of their vulnerabilities and societal barriers. It is important to remove these obstacles so they can fully participate in society and have equal access to opportunities.

The government needs to remove barriers by making schemes and services inclusive and ensuring reasonable accommodations. The protection services aimed at children need to understand the challenges faced by children with disabilities and to access accurate information. Regular surveys and disability indicators, aligned with the Rights of Persons with Disabilities (RPwD) Act, are essential. Also, there is a need for outreach services to identify, diagnose, and refer to disabilities for both community-based and institutionalised children.

Greenwheel High School in Mumbai is one such example and aims to provide inclusive education to children with disabilities by making them a part of the cohort with other students. The school principal thanks, Smarath by Hyundai which is an important initiative committed to making a change in the lives of these students so the world can admire and recognise the true capabilities of children.

It is essential to ensure easy access to identification, referral, medical, legal, educational, counseling, and assistive services for children with disabilities. The need for enhanced social security for their families through reasonable accommodations highlights the need to combat the stigma surrounding disabilities. Additionally, the bullying faced by differently-abled children, noting that it increases mental distress, leads to social withdrawal, and raises the risk of dropping out of school, making them more vulnerable to needing care and protection or facing legal issues. The juvenile justice system must focus on inclusivity and the provision of social safety nets for all children. To achieve this, there should be better collaboration between departments and services, particularly for children in conflict with the law. It is important to ensure justice for children with disabilities, warning against the risk of criminalizing their disabilities, especially in cases involving learning and intellectual disabilities.

The judicial system should proactively tackle key social issues and highlight the state's responsibility to ensure equitable access to public education and healthcare. Need for a thorough evaluation of the implementation of laws like the Rehabilitation Council of India Act, the National Trust Act for autism, and the RPwD Act to protect children with disabilities. Noting societal biases and stigmas surrounding disabilities in popular culture, that immediate action is necessary, the mission statement for the national consultation, "Invisible No More," expresses hope that the discussions would lead to concrete action plans in the coming years.

Editor's Note:

The recent "National Annual Stakeholders Consultation on Protecting the Rights of Children Living with Disabilities," organized by the Supreme Court's Juvenile Justice Committee in partnership with UNICEF, underscores the urgent need for inclusive policies that prioritize the rights and well-being of differently-abled children. Justice B.V. Nagarathna's insights illuminate the challenges these children face, from societal stigma to inaccessible services, and call for comprehensive measures to eliminate these barriers. It is clear from this event that it is high time to take action, the mission Invisible No More resonates deeply for a future where all the children regardless of their abilities, have equal opportunities to thrive. 

Skoobuzz is committed to fostering an inclusive society that empowers every child to realize their potential.