By Tanvi Mehta.

Recent statements by Supreme Court judges have highlighted the urgent need for better protection and support for children with disabilities in India. Justices BV Nagarathna and DY Chandrachud have called for stringent law enforcement, sensitization of the justice system, and a holistic approach to uplift these vulnerable children. Speaking at the National Annual Stakeholders Consultation on Child Protection, Justice Nagarathna emphasized the critical need for rigorous implementation of laws affecting children with disabilities. She pointed out that these children require additional care and are at risk of abandonment or early marriage due to the perceived stress of caregiving. Justice Nagarathna also highlighted the intersectional barriers faced by children with disabilities, including stigma and vulnerability to violence and exploitation. She called for reasonable accommodation in schemes and services to address these issues.

Chief Justice of India (CJI) DY Chandrachud echoed these sentiments, lamenting that judicial and legal institutions in India are not adequately equipped to understand the unique challenges faced by children with disabilities. He stressed the need for continuous training and sensitization of professionals within the justice system.

Both judges proposed actionable steps, including:

1. Establishment of dedicated websites by High Courts to address the needs of these children.
2. Development of state action plans for protecting children with disabilities.
3. Adoption of a national roadmap informed by state plans and national consultations.
4. Prominent display of all schemes for children with disabilities on legal services websites.

While laws such as the Rights of Persons with Disabilities Act, 2016 are steps towards ensuring dignity for children with disabilities, challenges remain. The judges’ emphasis on stringent law enforcement, justice system sensitisation, and a holistic approach provides a roadmap for improving the lives of children with disabilities across India.\

[Source: Bar & Bench.]