'My Daughters Transformed How I See The World' : CJI DY Chandrachud Stresses Need To Build An Inclusive Society For Children With Disabilities

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'. While announcing the launch of the Handbook, CJI said: "I am also delighted to announce the launch of the Handbook on Persons with Disabilities, which aims to aid and sensitize not only the legal community but also society at large, in using inclusive terminology when referring to disabilities.Engaging with stereotypes and biases is crucial, as these can subtly influence legal proceedings—whether in the assumptions made about the capacity of a child with disabilities to testify or in the way their credibility is assessed. In line with our commitment to accessibility, the Handbook will also be released in Braille and as an audiobook, ensuring that it is available to all, regardless of their abilities."While giving inaugural address, CJI said: "This year's theme holds a special place in my heart: the protection and well-being of children with disabilities. As someone who fosters two wonderful young daughters, I am reminded daily of the joy, purpose, and love they bring into my life. They have transformed not only how I see the world but also how I engage with it—strengthening my commitment to creating a more inclusive society where every child, regardless of their abilities, is cherished and protected."Key issues requiring urgent attention flagged by CJICJI highlighted four key postulations that demand urgent attention of the judiciary and the policy-makers. First, recognising the problem. Second, check whether we have robust framework for facilitating access to justice for children with disabilities. Third, capacity building and lastly, issues of intersectionality. Addressing the first, he said: "One of the most significant challenges we face is the absence of reliable data on children with disabilities, especially those who are survivors of sexual offenses or who come into conflict with the law. How can we design policies and implement solutions without understanding the scope of the issue?"The lack of real-time, disaggregated data makes it difficult to fully appreciate the barriers these children encounter. Without precise data, effective planning, policy shifts, and monitoring of outcomes remain out of reach."Recommending that we must prioritise data collection systems within the Juvenile Justice Framework, he said: "Data is the foundation for meaningful reforms, enabling policymakers to develop tailored interventions, measure their impact, and adapt strategies accordingly. Without it, children with disabilities will continue to fall through the cracks, unseen and underserved."Addressing the second issue on robust framework for children with disabilities, he told the audience: "The Rights of Persons with Disabilities Act, 2016 is a significant step toward 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 society."CJI added: "The Juvenile Justice (Care and Protection of Children) Act (JJ Act) defines a child in need of care and protection as one who is mentally ill, mentally or physically challenged, or suffering from a terminal or incurable disease. The Act also states that anyone who commits an offense against a disabled child is liable to twice the penalty. However, this punitive approach may not address the root causes of abuse or neglect, nor provide adequate support or rehabilitation for the child involved in conflict with the law."Pointing out the lacking of our laws, CJI said: "While these laws acknowledge the vulnerability of children with disabilities, their impact on the ground is often limited. The framework remains largely reactive, placing more emphasis on post-offense penalties rather than proactive prevention, support, and rehabilitation."Taking a cue from the international law, he pointed out that the principles of equality, non-discrimination and respect are foundational to disability rights "however, the lack of implementation mechanisms may render many legal protections ineffective in practice. The need to strengthen the frameworks is clear. For example, procedural accommodations such as interpreters, modified questioning, and the presence of intermediaries are often not provided, leaving children with disabilities at a disadvantage within the judicial system."He took a reference to New Zealand which has implemented robust measures, including specialist advocates for children with disabilities and customised courtroom settings to accommodate their needs. Addressing the issue of capacity building, he questioned if we are equipped to handle the needs of children with disabilities in the justice system. Referring to renowned...

'My Daughters Transformed How I See The World' : CJI DY Chandrachud Stresses Need To Build An Inclusive Society For Children With Disabilities

Gursimran Kaur Bakshi

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