The two-day consultation, organized by the Supreme Court’s Juvenile Justice Committee in collaboration with UNICEF, was themed ‘Invisible No More.’ Justice Nagarathna pointed out that effective policies should be grounded in solid data and thorough research, especially concerning education and healthcare.
NEW DELHI: Supreme Court Justice B V Nagarathna highlighted the critical need for policies designed to eliminate barriers for differently-abled children, facilitating their integration into society.
During the inaugural event of the ‘National Annual Stakeholders Consultation on Protecting the Rights of Children Living with Disabilities,’ she underscored the importance of inclusive services and the need to combat societal stigmas.
The two-day consultation, organized by the Supreme Court’s Juvenile Justice Committee in collaboration with UNICEF, was themed ‘Invisible No More.’ Justice Nagarathna pointed out that effective policies should be grounded in solid data and thorough research, especially concerning education and healthcare.
She also stressed the necessity of conducting regular surveys, establishing disability indicators, and providing outreach services for early diagnosis and referrals. These initiatives should enhance access to medical, educational, legal, and assistive services, aiming to dismantle social barriers and provide social security to families.
She expressed hope that stakeholders and readers would adopt the principles of semantics regarding the terminology for persons with disabilities and individuals with mental health conditions, as carefully articulated in the chapter.
She noted that children and persons with disabilities face challenges due to the intersection of their vulnerabilities with societal barriers. When these obstacles are removed, they can integrate into society and access opportunities equally.
“Therefore, policies must prioritize the elimination of barriers such as inaccessible social services, inadequate access to assistive technology, unavailability of accessible communication formats, and insufficient support for parents or caregivers,”
stated Justice Nagarathna.
“Eliminating these barriers means making our programs and services inclusive while incorporating reasonable accommodations. For protection services directed at children, this involves thoroughly understanding the circumstances faced by children with disabilities and ensuring access to accurate information, up-to-date data, and reliable knowledge sources,”
she added.
She emphasized the importance of conducting regular and relevant surveys and introducing disability indicators as mandated by the Rights of Persons with Disabilities (RPwD) Act. Additionally, she highlighted the necessity of appropriate outreach services for the identification, early diagnosis, and referral of disabilities.
Justice Nagarathna noted that these actions must be applied both for children within the community and those living in institutions.
Further measures include
“facilitating access to identification, referral, medical, legal, educational, counseling, and assistive services for children with disabilities. It is also essential to enhance social security for families of children with disabilities through reasonable accommodations and to combat the stigma surrounding disabilities,”
the apex court judge remarked.
She pointed out that the bullying experienced by differently-abled children in various environments such as communities, homes, schools, and neighborhoods increases their mental distress, leading to social withdrawal and school dropouts. This, in turn, raises the risk of them becoming children in need of care and protection and possibly getting involved in conflicts with the law.
“The juvenile justice system, with its focus on inclusivity and providing social safety nets for all children, must place even greater emphasis on the spectrum of these services,”
concluded Justice Nagarathna.
“This calls for a deeper collaboration between departmental services and programs, particularly for children in conflict with the law. It is crucial to ensure justice for children with disabilities rather than criminalizing their conditions, which is especially likely to occur in cases of learning and intellectual disabilities,”
she remarked.
On the significance of the event, she stated,
“From the perspective of a transformative constitution and the responsibilities of judges operating under it, there is a consensus that the judicial system must proactively advance administrative measures regarding essential social issues.”
Justice Nagarathna emphasized that, according to the Constitution, the state has a duty not only to prioritize public education and health but also to strive for equitable access to education and healthcare services.
“We must carefully consider how effectively the provisions of the Rehabilitation Council of India Act, the National Trust Act for Autism, and the RPwD Act regarding the protection of children with disabilities have been executed to date,”
she noted.
Highlighting societal biases towards differently-abled individuals and children, she commented,
“In popular culture, disabilities are frequently portrayed in a caricatured manner, reflecting not only our blind spots but also the stigma and taboos that persist around disabilities.”
“The time for action is now,”
the Supreme Court judge asserted.
She added that this year’s national consultation carried the mission statement titled, “Invisible No More,” emphasizing inclusion.
“I hope the two-day national discussions, along with the prior state-level conversations, will contribute to the development of concrete action plans and commitments that can be realized in the coming years,”
she concluded.
