Justice BV Nagarathna of the Supreme Court recently underscored the need for a comprehensive approach to improving the lives of children with disabilities in India. She stressed the significance of interdisciplinary collaboration to drive meaningful progress in safeguarding their rights.
"Consultations such as these are supposed to give a direction to our steps by interdisciplinary engagement and re-invigorate our commitment to the goal. Undeniably, it has to build on a desire to take transformative steps," she said.
Speaking at the closing session of the 9th Annual National Stakeholders Consultation on 'Protecting the Rights of Children Living with Disabilities,' organized by the Supreme Court's Juvenile Justice Committee, Justice BV Nagarathna proposed the creation of dedicated websites by each High Court. These websites, she suggested, would address the specific needs of children with disabilities and support the implementation of relevant legal frameworks.
“Accessibility, friendly information dissemination, and budgeting for these needs should be taken seriously,” Justice Nagarathna urged, calling for immediate steps from High Courts to form accessibility committees and help desks for disabled individuals attending court.
A key theme that emerged during the discussions was the "invisibilizing effect" of intersectional vulnerabilities, which disproportionately impact children from marginalized castes, socio-economic backgrounds, and genders. Justice BV Nagarathna stressed the need to design affirmative measures to mitigate these challenges, outlining several actionable steps aimed at promoting the holistic development and well-being of these children.
Policy and Legal Frameworks: State governments must implement necessary measures to ensure accessibility and inclusion for children with disabilities, eliminating barriers that restrict their rights.
State Action Plans: State action plans for protecting children with disabilities should be developed, jointly reviewed, and monitored by state authorities in collaboration with Juvenile Justice Committees.
National Roadmap: A comprehensive national roadmap should be established, drawing from state action plans and insights from the national consultation, to advance the protection and rights of children with disabilities.
Furthermore, it was emphasized that all schemes for children with disabilities should be prominently featured on the National Legal Services Authority (NALSA) website, as well as on the websites of state legal services.
Justice Nagarathna also urged for more inclusive and accessible child protection systems, advocating for supportive family environments for children with disabilities. She encouraged High Court judges to set a precedent by interpreting cases involving these children in ways that can inform and shape state and national policies.
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