Today(28th Sept), CJI DY Chandrachud called for an inclusive justice system to better address the unique challenges faced by children with disabilities. He emphasized the need for reforms from police stations to courtrooms during the National Annual Stakeholders Consultation on Child Protection.
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NEW DELHI: Today(28th Sept), Chief Justice of India, DY Chandrachud, emphasized the pressing need for India’s justice system to be more inclusive and responsive towards the unique challenges faced by children with disabilities. Speaking at the ninth National Annual Stakeholders Consultation on Child Protection, CJI Chandrachud underscored that the justice system, from police stations to courtrooms, must evolve to address the compounded vulnerabilities of children with disabilities.
“We must guarantee that the justice system, from police stations to courtrooms, comprehends and addresses the complex vulnerabilities faced by these children.”
-said Chief Justice Chandrachud.
He highlighted the importance of incorporating restorative justice approaches as a solution. Restorative justice, which focuses on rehabilitation and reintegration of children in conflict with the law, can be tailored for children with disabilities. The Juvenile Justice Act (JJ Act) outlines various rehabilitation measures, including counseling, education, vocational training, and community service, which can be adapted to provide specialized support for these children.
The event, held under the aegis of the Juvenile Justice Committee of the Supreme Court in association with UNICEF India, attracted prominent stakeholders in the field of child protection. Union Minister for Women and Child Development, Annpurna Devi, delivered a special address during the two-day program, while Justice BV Nagarathna, chairperson of the Juvenile Justice Committee of the Supreme Court, gave the opening remarks. Cynthia McCaffrey, the Country Representative for UNICEF India, provided the introductory address on the subject of child protection and disabilities.
Chief Justice Chandrachud addressed the multifaceted challenges faced by individuals with disabilities, which transcend physical barriers.
He emphasized that-
“the challenges faced by persons with disabilities extend far beyond issues of physical accessibility”
and further elaborated that they must contend with –
“entrenched societal biases, stereotypes, and misconceptions that permeate nearly every facet of life.”
These biases, ingrained in society, create additional hurdles for children with disabilities, complicating their path to justice and equality.
Discussing juvenile justice in the context of children with disabilities, CJI Chandrachud spoke about the concept of intersectionality.
“When discussing juvenile justice, particularly concerning children with disabilities, we must consider the concept of intersectionality.”
– he said.
He elaborated on how disability often intersects with other marginalized identities such as gender, caste, socio-economic status, and ethnicity, which amplify the discrimination these children face.
“Disability frequently overlaps with other marginalized identities, including gender, caste, socio-economic status, and ethnicity, which intensifies the discrimination these children encounter.”
-the Chief Justice noted.
Recognizing the severe effects of these compounded vulnerabilities, CJI Chandrachud emphasized the need for the state to provide additional safeguards to children with disabilities.
“For children with disabilities, these compounded vulnerabilities can have devastating effects,”
– he warned.
He stressed that the legal, social, and institutional systems must be designed to not only accommodate these children but to actively protect and empower them.
“We must ensure that our legal, social, and institutional systems are designed not just to accommodate, but to actively protect and empower these children,”
-he urged.
Drawing from his personal life, CJI Chandrachud shared his own experiences as a foster parent to two daughters with special needs. He recounted the challenges faced by families of children with disabilities, from expensive medical tests and treatments to costly specialized equipment.
“This year’s theme holds a special place in my heart: the protection and well-being of children with disabilities,”
-he said.
He expressed how fostering his daughters had deepened his understanding of the need for a more inclusive society.
“As a foster parent to two incredible young daughters, I am constantly reminded of the joy, purpose, and love they bring to my life. They have changed not only my perspective on the world but also my interactions within it, deepening my commitment to building a more inclusive society where every child, regardless of their abilities, is valued and safeguarded.”
– he shared.
The Chief Justice pointed out that caregiving, particularly for children with disabilities, remains a largely overlooked responsibility in India, shaped by entrenched patriarchal norms.
“Historically, caregiving has been a frequently overlooked and unappreciated responsibility, influenced by patriarchal norms that have placed the burden of care primarily on families.”
-he remarked.
He added that the needs of persons with disabilities are still frequently seen as a private, domestic issue rather than a collective societal responsibility.
“While we may advocate for these needs to be met by our social institutions, those institutions often fall short of providing the support that is truly needed,”
-he noted.
Launch of the ‘Handbook on Persons with Disabilities’
In a significant step toward promoting inclusivity, the CJI, along with Union Minister Annpurna Devi, Justice Nagarathna, and UNICEF representative Cynthia McCaffrey, launched the ‘Handbook on Persons with Disabilities.’ This publication aims to educate and sensitize not only the legal community but also society at large about the importance of using inclusive terminology when referring to disabilities. The handbook is set to play a pivotal role in shaping attitudes and policies toward persons with disabilities in India.
“Addressing stereotypes and biases is essential, as they can subtly affect legal proceedings—impacting assumptions about a child with disabilities’ ability to testify and how their credibility is evaluated.”
-CJI Chandrachud said.
To further the commitment to accessibility, the Chief Justice announced that the handbook would also be made available in Braille and as an audiobook.
“As part of our dedication to accessibility, the ‘Handbook’ will also be published in Braille and as an audiobook, ensuring it is accessible to everyone, regardless of their abilities.”
– he stated.