by Badrul Duja
As a concerned advocate, I urge the Chief Secretary of the J&K Government to launch a holistic programme for disabled children, leveraging inter-departmental collaboration and mass awareness campaigns in local languages.
On August 3, 2024, the Jammu, Kashmir, and Ladakh High Court’s Juvenile Justice Committee convened a groundbreaking annual state consultation in collaboration with the Social Welfare Department and UNICEF. This pioneering event brought together specialists in juvenile justice, disability, and child rights to explore solutions for child protection across Jammu, Kashmir, and Ladakh.
As a legal practitioner specialising in disability and child protection cases, I was honoured to participate in this comprehensive program. The gathering united representatives from various agencies working in disability and juvenile cases, including esteemed judges from the High Court, led by Amit Kumar Gupta, Member Secretary of the Juvenile Justice Committee.
The event featured a diverse range of experts, encompassingDirector of Education, Kashmir, the Director of School Education, Ladakh, the Commissioner of Disability, JK, the Secretary of District Legal Services Authorities, Police Officers, members of the Juvenile Justice Board, the Commissioner Secretary Social Welfare Department, Hilal Bhat, professionals from UNICEF Child Protection Kashmir, Agri Industries Vikas Chamber, child specialists, and mental health specialists from IMHANS. Together, they engaged in a day-long dialogue, paving the way for a more inclusive future.
I had the privilege of attending a pivotal session on Schemes, Services, and Provisions for Children with Disabilities, chaired by M K Sharma, Principal Secretary to the Chief Justice. The discussion shed light on the challenges faced by disabled students in schools and the varying levels of support provided by educational institutions, both public and private.
The Director of School Education Kashmir, the Director of School Education Ladakh, and the Community Medicine Specialist from the Directorate of Health Services Kashmir engaged in a thought-provoking dialogue. Tasaduq Hussain, Head of the Directorate of School Education, Kashmir, announced plans to establish hostels for disabled students, offering therapy and training programs. He also highlighted the provision of a monthly honorarium of Rs 300 for disability escort individuals, serving as a transport allowance for the initial 10 months.
Hussain emphasised the significance of schemes under the Samagra Shiksha Abhiyan, which provides Rs 4,000 to escort/reader assistants of disabled students in schools. When questioned about the non-compliance of private schools in implementing reservations for disabled citizens under the Right to Education Act, Hussain acknowledged the need for the Education Department to sponsor the educational expenses of such students in private schools. He assured that the department is in the process of sanctioning funds for the sponsorship of disabled students in private schools.
Dr Rouf Hussain Rather, Community Medicine Specialist from the Directorate of Health Services Kashmir, delivered a passionate presentation on various health schemes for persons with disabilities. His enlightening talk revealed the existence of schemes like home-based care, National health programs for screening, and District early intervention centres. The Rashtriya Bal Swasthya Karyakram (RBSK) programme, which screens children from birth to 18 years for diseases, defects, deficiencies, and developmental delays, including disabilities, was particularly noteworthy.
Dr Rather acknowledged the difficulties faced by disabled individuals in obtaining disability certificates and assured that a one-window process would be initiated to alleviate these grievances.
Ms Bharti Ali, a Child Rights expert, shed light on the rules and laws governing juvenile and disabled individuals. She highlighted the hardships faced by disabled victims of crime, who often struggle to communicate their experiences due to existing communication gaps. Ms Ali emphasised the need for accessibility, special interpreters, and child counsellors in trial courts.
She stressed the imperative role of the Police in assessing social assessment reports of juveniles and the need for sensitization about disability, mental health care, and juvenile justice law. Ms Ali also underscored the importance of adhering to Juvenile Justice rules and the need for a disability audit report.
Ms Ali advocated for Foster Care and Group sponsorship over adoption, emphasizing the role of community committees, societies, and institutions. She also highlighted the irregular use of disability terminology and the need to avoid offensive language.
In a landmark case before the Jammu and Kashmir High Court, I am arguing for the adoption of disability-sensitive terminology, urging the court to declare derogatory words like “mentally retarded,” “insane,” and “crippled” as violations of equality and dignity rights. This challenge extends to Section 2(g) of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities Act, 1999, which I contend infringes upon Articles 14, 15, and 21 of the Indian Constitution.
In the case of Badrul Duja Vs Union of India and Others (PIL No. 10/2022), the court has instructed the government to record statements of disabled victims of crime at their residences, ensuring convenience and dignity. The court observed, “Respondents will take effective and meaningful steps for ensuring recordings of statements of specially-abled persons… at their place of convenience/residence.”
Iqbal Lone, Commissioner for Persons with Disability, J&K, highlighted the Social Welfare Department’s efforts in compiling district-level data and providing unique disability IDs to citizens. However, despite this progress, challenges persist.
Mrs Renu Anuj Singh, Director of Rural Services AADI, emphasized the exploitation of disabled children in various sectors and stressed the need for surveys in rural areas to identify unreported cases. She underscored the importance of recognizing disabled children’s rights under various laws and the need for inclusive education, communication, and accessibility. Mrs Singh also highlighted the critical role of the Information Department in facilitating inter-departmental work and conducting disability audits of buildings.
Deputy Superintendent of Police Owais Wani highlighted the Jammu and Kashmir Police’s efforts to engage sensitively with juvenile delinquents and disabled victims of crime. He emphasized the importance of plain-clothes interactions and suggested translating laws into local languages to ensure grassroots understanding and implementation of standard operating procedures.
Wani advocated for clear, accessible legal documentation and proposed dedicated record-keeping for disability and juvenile cases. He shared instances of emotional encounters between police and vulnerable individuals, stressing the need for trained interpreters to facilitate effective communication and support.
Addressing concerns about observation homes, Wani recommended installing CCTV cameras and collaborative oversight by the Social Welfare, Health, and Police departments to ensure these facilities prioritize reform over criminalisation.
Professionals in the field expressed gratitude to the Jammu and Kashmir High Court, led by Acting Chief Justice Tashi Rabstan, for hosting a timely consultation summit. The event provided a platform for critical analysis, constructive feedback, and policy suggestions, fostering a productive exchange of ideas among stakeholders.
As a concerned advocate, I urge the Chief Secretary of the J&K Government to launch a holistic programme for disabled children, leveraging inter-departmental collaboration and mass awareness campaigns in local languages. This initiative should involve the Health and Medical Education, Information and Public Relations, and Social Welfare departments to ensure seamless service delivery.
The Principal Secretary of the School Education Department must allocate funds to enrol disabled students in private schools, implementing the Right to Education Act. Additionally, allowances for disabled girl children should be increased, and escorts/specialists should be provided to support them.
The Principal Secretary Home Department and Director General of Police must ensure that special interpreters are placed in police stations and chowkis to facilitate communication with disabled victims, offenders, and juvenile delinquents. IMHANS and the Social Welfare Department can conduct capacity-building programmes for police personnel.
The Commissioner Secretary Social Welfare Department should install CCTV cameras in observation homes and deploy personnel from the Social Welfare and Health departments for assessment and supervision.
In the future, I envision a gathering of stakeholders, including trial court judges, advocates, police officers, educators, and capacity-building institutions, to sensitise them on disability and juvenile matters. This collective effort will pave the way for a more inclusive and accessible society for disabled citizens.
(The author is an advocate based in Srinagar, specialising in child rights. Views are personal)