Pointing out that the challenges facing people with disabilities go beyond issues of physical accessibility, Chief Justice of India DY Chandrachud said on Saturday that his two adopted daughters have changed the way he sees the world and engages with it.
Delivering the keynote address at the Annual National Stakeholder Dialogue on Child Protection on ‘Protective Services for Children with Disabilities’, the CJI said, “This year’s theme has a special place in my heart: the protection and welfare of children with disabilities. As someone who is raising two beautiful young daughters, I am reminded every day of the joy, the purpose , and the love it brings to my life. They not only changed the way I look at the world but the way I interact with it—they strengthened my commitment to building an inclusive society where all children, regardless of their abilities, are valued and protected.”
The CJI said that apart from the issue of physical accessibility, people with disabilities “must also fight against deep-seated societal prejudices, stereotypes and misconceptions that pervade almost every aspect of life.”
“These barriers are more prominent when it comes to children, their future depends on our willingness to set these limits. For children in conflict with the law, these challenges can be even more difficult, as they navigate a system that may not recognize their unique vulnerability. In the United States, studies show that nearly 70% of youth entering the justice system have mental health, sensory or learning disabilities,” the CJI said.
“We must ensure that our legal, social, and institutional systems are designed not only to welcome, but to protect and empower these children,” he added.
Pointing out that one of the most important challenges is the lack of reliable data on children with disabilities, especially those who are survivors of sex crimes or in conflict with the law, CJI Chandrachud emphasized the need to prioritize developing data collection systems within the Juvenile Justice Framework.
“Data is the foundation for meaningful change, allowing policymakers to develop tailored interventions, measure their impact, and adapt strategies accordingly. Without you, children with disabilities will continue to fall through the cracks, invisible and neglected,” said the CJI.
He said the Rights of Persons with Disabilities Act, 2016, is an important step in ensuring that children with disabilities receive the care and rights they deserve, as it provides a comprehensive framework for the rehabilitation, empowerment, and inclusion of persons with disabilities in the country. the community.
The law, said the CJI, states that anyone who commits an offense against a disabled child should be fined twice. “Although these laws acknowledge the vulnerability of children with disabilities, their impact on the ground is often limited. “The framework remains very active, with a strong emphasis on post-trial sanctions rather than prevention, support and rehabilitation,” he said.
CJI Chandrachud asked whether judges, police and lawyers are “equipped to understand the unique challenges faced by children with disabilities?” and added that “sadly, the answer is usually no.”
He said professionals in the justice system need continuous training and awareness to understand the minor weaknesses of these children. “Sensitivity will not only reduce the re-victimization of children at trial but will also encourage more compassionate handling of cases.”
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