By Tanishka Shah

The Chief Justice of India Dr. D.Y. Chandrachud launched the ‘Handbook Concerning Persons Disability Rights’ of the Supreme Court of India at the 9th National Stakeholders Consultation on ‘Protection the Rights of Children Living with Disability (focus on CiCL and CNCP) and Intersectionality of Disabilities’. In his address, he highlighted the pressing need for reform and sensitization to create a more inclusive and empathetic legal framework. According to the CJI, children with disabilities often face significant barriers when navigating the justice system, which is ill-equipped to accommodate their specific needs. These children, already vulnerable due to their conditions, encounter additional difficulties in seeking protection and justice under the law.

One of the main issues raised by the Chief Justice is the lack of proper training for police officers and judicial personnel. Many officials are unfamiliar with how to interact with children with disabilities, particularly those with cognitive or communication impairments. This gap in knowledge often results in the mishandling of cases. Instances of improper questioning or failure to identify distress in a child with disabilities are common. Moreover, these children may struggle to articulate their experiences, and the judicial system’s inability to adapt to their communication needs can leave them misunderstood or ignored during legal proceedings.

The CJI emphasized the urgent need for training programs tailored to equip law enforcement and judicial officers with the skills required to handle cases involving children with disabilities. Such programs would focus on understanding various disabilities, effective communication techniques, and conducting sensitive investigations. He also called for the implementation of stronger legal frameworks that ensure the rights of children with disabilities are protected at every stage of the legal process. These frameworks should include clear guidelines for handling cases and accommodating the needs of disabled children in court.

Accessibility within courtrooms was another critical area highlighted by the Chief Justice. He pointed out that many courtrooms in India are not physically accessible to children with mobility challenges. Additionally, there is a lack of provisions for assistive technologies such as speech-to-text devices or communication boards, which could help children with hearing or speech impairments participate meaningfully in legal proceedings. The CJI also advocated for creating child-friendly environments in courtrooms and investigative settings. Such spaces would cater to the psychological and emotional needs of children with disabilities, making the legal process less intimidating and more inclusive.

Law enforcement practices were another area of concern. The CJI noted that police officers often fail to recognize signs of abuse or neglect in children with disabilities, partly due to inadequate training. This oversight can lead to incomplete investigations or cases where perpetrators are not held accountable. He also drew attention to the societal biases and misconceptions about disabilities that influence how law enforcement personnel treat children. Such biases often result in cases involving disabled children not being taken seriously or dismissed without proper investigation.

Drawing on international examples, the Chief Justice urged the adoption of best practices to improve how children with disabilities are treated within the judicial and law enforcement systems. He referenced models from countries that successfully employ experts in child psychology or disability studies to assist in cases involving children with disabilities. These experts ensure that the child’s perspective is accurately represented, and their needs are met throughout the process. The use of assistive technologies, such as communication boards and speech-to-text devices, was also emphasized as a way to empower children with disabilities to engage in legal proceedings.

CJI Chandrachud underscored the importance of empathy and sensitivity in dealing with cases involving children with disabilities. He stressed that those involved in the legal process must adopt a compassionate approach, recognizing the unique challenges these children face. His speech also served as a call for significant institutional changes within the judiciary and police force. He urged lawmakers, legal professionals, and law enforcement agencies to work collaboratively to create a system that truly protects and supports the rights of children with disabilities.

The Chief Justice’s remarks shed light on critical gaps in the Indian legal system and emphasized the need for reform. His call for a more inclusive and empathetic justice system serves as a reminder that addressing the rights of children with disabilities is not only a legal obligation but also a moral imperative. By bridging these gaps, the judiciary and law enforcement can ensure that children with disabilities are given a voice and treated with dignity and respect throughout their interaction with the legal system.