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

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 CJI

CJI 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 psychologist Reuven Feuerstein, he said: "posits that three prerequisites must be met for an inclusive environment in the context of inclusive education: preparation of receiving institutions, preparation of the individual child, and preparation of parents. We need to extend this framework to the juvenile justice system—have we prepared our justice institutions?

Are the judges, police officers, and lawyers equipped to understand the unique challenges faced by children with disabilities? Sadly, the answer is often no."

Adding to this, he suggested: "Professionals within the justice system require ongoing training and sensitization to comprehend the nuanced vulnerabilities of these children. Sensitization would not only reduce the re-victimization of children in legal proceedings but also promote more compassionate handling of cases.

For example, in the UK, specialized training programs for police officers and social workers dealing with children with disabilities have significantly improved justice outcomes by reducing trauma and improving communication between children and legal authorities.International cooperation is also critical in this regard. Cross-bordersharing of best practices, capacity-building , and technical support from countries with more advanced systems can significantly improve our ability."

Addressing the last pointed flagged by him, CJI pointed out that disability often intersects with other marginalized identities such as gender, caste, socio-economic status, and ethnicity, amplifying the discrimination children face.

"The doctrine of intersectionality, coined by Kimberlé Crenshaw, highlights how multiple identities intersect to create unique experiences of discrimination. For children with disabilities, these compounded vulnerabilities can have devastating effects. In Patan Jamal Vali v. State of Andhra Pradesh, the Supreme Court recognized the heightened vulnerability of a girl with visual impairment who belonged to a Scheduled Caste. This case not only sheds light on the sexual violence faced by disabled girls but also highlights the double marginalization they endure—both as women and as individuals with disabilities.

This dual vulnerability may mean that women with disabilities are often perceived as 'easy targets' for sexual violence, influenced by societal perceptions of their diminished capacity and their perceived inability to speak out."

Summarising the point, CJI remarked: "Addressing these intersections is vital. We must ensure that the justice system, from the police stations to the courtrooms, understands and responds to the compounded vulnerabilities of these children. The incorporation of restorative justice approaches is one such solution. The JJ Act outlines various rehabilitation and reintegration measures for children in conflict with the law, such as counselling, education, vocational training, and community service. For children with disabilities, these measures can be adapted to ensure they receive the specialized support they need to thrive."

About the Consultation

The consultation is divided in four session. The first session will focus on global instruments, national legislation, and central and state schemes and services. This session will give us a comprehensive overview of the legal frameworks that guide our actions and inform policy.

The second session will turn its attention to family-based alternative care services and social support for children with disabilities, recognizing the importance of strong family systems and community-based care.

The third session seeks to emphasize mental and physical health, education, and the effective convergence and implementation of policies and services. This is crucial, as the holistic well-being of children cannot be separated from their health and education.

The fourth session will highlight the importance of convergence between relevant legislation, ensuring that all laws and policies work together seamlessly.

The Consultation was organised by the Juvenile Justice Committee of the Supreme Court under the guise of chairman, Justice B.V. Nagarathna and in association with UNICEF India. UNICEF India Representative Cynthia McCaffrey and Annapurna Devi, Union Minister For Women And Child Development was also a part of the Consultation.