Children With Disabilities Have The Right To Be Constructive & Accountable Citizens : Justice BV Nagarathna

Justice B.V. Nagarathna, Judge of the Supreme Court, has called for streamlining of data on children in the Juvenile Justice System based on indicators established by the Supreme Court through systemic data updation, monitoring and corrective measures.

Justice Nagarathna gave her closing remarks as the Chairman of the Juvenile Justice Committee of the Supreme Court at the 9th National Annual Stakeholders Consultation on 'Protecting the Rights of Children Living with Disability (Focus on CiCL and CNCP) and Intersectionality of Disabilities.

Yesterday, Chief Justice of India Dr. D.Y. Chandrachud in his inaugural address flagged that our system poses a significant challenge in 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.

He stated: "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."

Adding to the same, Justice Nagarathna today said: "Last year we started collecting disaggregated data. It is now up to us to not miss the signal for the noise and provide assistance that emboldens supported decision-making, not substituted decision-making."

Justice Nagarathna also added to CJI's suggestion on the need to create an inclusive environment for children with disabilities. She added: "Our parochial view has for long sought to paternally brush under the carpet the success and failure of persons living with disabilities and treat them as a fad for our self-aggrandizement."

Justice Nagarathna stated that children with disabilities have a right to be constructive and accountable citizens in the community. She said: "The children living with disabilities are first and foremost, children. They have the right to enjoy and consume media. They have a right to safety and reside in a family environment. They have a right to develop in a family environment. Like all children do, they have the right to make mistakes and grow from them."

Even if a person living with disabilities finds themselves short of their goals, it is our responsibility to stand as a pillar of support and not use their disability as a tool for consolation to settle for less, she added.

Justice Nagarathna also expressed her sincere hope for an exclusive and dedicated 24x7 child helpline led by a dedicated sensitization and training of front-line workers exclusively for children with disabilities.