Laws protecting children with disabilities must be strictly implemented: Justice BV Nagarathna

Supreme Court judge Justice BV Nagarathna on Saturday called for the stringent enforcement of laws that affect specially-abled children in India.

She said that this was important since such children need additional care and are often at risk of being abandoned.

"The statutes affecting lives of children with disabilities should be seriously implemented. Otherwise, they would prone to be abandoned, surrendered, or married early by parents, guardians and community members due to the additional stress perceived in providing care," she said.

Justice Nagarathna highlighted that children with disabilities can face stigma along with negative attitudes and beliefs that leave them vulnerable to violence, neglect, abuse and exploitation.

"Violent forms of discipline can also be driven by prevailing attitudes towards disability itself ... We must take stock of what is the number of children with disability belonging to economically weaker sections who have secured admissions in private schools under Section 12 of the RTE Act," she added.

The judge was speaking at the National Annual Stakeholders Consultation on Child Protection.

In her address, she also noted that it is important to tackle intersectional barriers that persons with disabilities often face. This could be done by reasonable accommodation in schemes and services, she explained.

"If barriers are removed, children become part of society with equal access to opportunities. Thus, policies should focus on removing these, such as (i) inaccessible social services and systems, (ii) lack of access to assistive technology, (iii) lack of accessible communication formats, and (iv) limited support for their parents or caregivers," she said.

Chief Justice of India (CJI) DY Chandrachud also spoke at the event.

The CJI stressed that professionals within the justice system require continuous training and sensitisation to help them understand the nuanced vulnerabilities of children with disabilities.