The rights of children living with disabilities must be given the widest possible realisation and it has to be ensured that they are provided with a complete scope of affirmative action and positive assistance so that they can be constructive citizens, Supreme Court judge Justice B V Nagarathna said on Sunday.
Justice Nagarathna, who is also the chairperson of the apex court's juvenile justice committee, said the children living with disabilities are first and foremost children and they have the right to enjoy and consume media, right to safety and reside in a family environment.
She was speaking at the closing session of the two-day national annual stakeholders consultation on 'Protecting the Rights of Children Living with Disability and Intersectionality of Disabilities' organised here.
"Rights of children living with disabilities must be given the widest possible realization in theory and practice. The time is now to ensure that children living with disabilities are provided with the complete scope of affirmative action and positive assistance to ensure that they can be constructive citizens," Justice Nagarathna said.
She said our tenacious resolve must be to allow the children living with disabilities access to society that acknowledges their unique abilities and amplifies their voices, with dignity and respect.
"Before we conclude this consultation, we should make a resolve to reaffirm our commitment for the protection of children, especially children with disabilities in the following way: that necessary policy and legal steps be taken by every State to ensure accessibility and inclusion of children with disabilities by removing all the barriers that hinder realisation of rights of children," Justice Nagarathna said.
She said it should be resolved to develop and adopt a state action plan for protection of the children with disabilities which will be reviewed and monitored jointly by the states and juvenile justice committees of the high courts.
Justice Nagarathna said informed by the state action plan and the national consultation, it should be resolved to adopt a national road map on advancing the protection of the children with disabilities, with actionable and time-bound commitments.
She said the data on children in juvenile justice system be streamlined on the basis of indicators that have been established by the Supreme Court by ensuring systemic data updation, their monitoring and corrective measures be ensured.
"Our justice and child protection systems be more inclusive and accessible by every means. Efforts will be made to ensure that children with disabilities grow in a nurturing family environment. We will follow all approaches and processes to achieve this and more," she said.
"The Hand Book on Disabilities and the Mission Statement titled 'Invisible No More' would be read by all concerned, disseminated and followed in our day to day lives as we engage with children with disabilities in our respective positions and capacities," Justice Nagarathna said.
She said during the two-day consultation, there has been a unanimous admiration of India's unwavering national commitment towards the rights of persons with disabilities, and especially children with disabilities.
"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 said.
"It is my sincere hope that the legislative intent of leveraging technology will soon result in an exclusive and dedicated 24x7 child helpline led by a dedicated sensitization and training of front-line workers exclusively for children with disabilities," she said.
She appealed to all contribute in whatever manner possible towards ensuring the safety and progress of every child in the country.
"The way ahead is not to assume that we can be the sole guardians of the experience and voices of children living with disabilities but to provide an unconditional and accommodating platform that allows them to elevate themselves their individual and shared experiences on an equal basis with other children," Justice Nagarathna said.
During her address, she hoped that all high courts will take immediate steps towards forming accessibility committees and helpdesks.
"A running concern throughout the extensive and instructive sessions was the invisibilizing effect of intersectional vulnerabilities which may disproportionality destabilize the lives of children of a certain caste or gender living with disabilities," she said.
Justice Nagarathna said the impetus was on us to endeavour to design positive commitments that countervail this intersectional detriment and elevate them towards achieving professional and personal fulfilment.
"If I may dilate, our sacred trust with children is bound by a thread of responsibility that extends to every succeeding generation," she said.
"I consider it a privilege to celebrate that through a blend of evidence-based legal analysis and experiential sharing, participants have attempted to inch towards a community where a child is free from the invisible shackles of society, and where children living with disabilities are emboldened to interact with the State," Justice Nagarathna said.
She said this vision was rooted in the need for a juvenile justice system that supports the pro-social development of children and youth.
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