For all our children

But even within this supposedly progressive framework,several organisations came together to submit their inputs to make the policy include the needs of children with disabilities. Happily,these suggestions were accepted by the ministry of women and child development,and incorporated in the final document,which was notified earlier this month. But why agitate for these needs here,and not in a separate policy for children with disabilities?

Globally,an emerging focus in linguistic prescriptivism has been the people first approach,that is,to use terms like persons with disabilities as opposed to disabled in order to move away from placing an undue focus on the condition,which distracts from the humanity of people with the condition. This approach has its detractors,but my emphasis on this is merely to highlight that a utopian framework would,therefore,have the needs of persons with disabilities considered by every ministry in every policy document and proposed legislation,a task that civil society has taken upon itself,with varying degrees of success. Every ministry,therefore,needs to consult persons with disabilities for their experiences as well as experts,in order to make policy and legislation entirely inclusive. And we hope to see this in the new childrens policy.

The childrens policy,as notified,first focuses on the prevention of disabilities it has been estimated that a large percentage of disabilities in India are preventable,as they occur due to controllable factors such as malnutrition of mother and child,hygiene conditions during childbirth and delivery. With early interventions,further disabilities could be treated and managed,after which rehabilitation and social support measures need to be provided.

The policy recognises that,at times,children with disabilities are not given access to education,and may be in need of additional care and protection. They are included in a larger group of vulnerable children who need to be tracked and to have access to their right to education. The policy highlights the need for schools to be inclusive,and for the availability of trained teachers and special educators,appropriate pedagogy and education material,barrier-free access for mobility,functional toilets and co-curricular activities towards the development of a childs fullest potential and autonomy,as well as dignity and self-worth. This is a paradigm shift from the more common patronising approach to children with disabilities seen in the mainstream.

The policy also specifically states that the views of children with disabilities must be promoted and strengthened within the family,community,schools and institutions,different levels of governance,as well as in judicial and administrative proceedings concerning them. This is a good reflection of the United Nations Convention on the Rights of Persons with Disabilities,which emphasises the rights of children with disabilities to express their views freely on all matters affecting them,on an equal basis with other children.

Of course,we have to see how this translates into real practice. There is a co-ordination,action and monitoring mechanism in the policy itself,but whether this includes persons with disabilities or experts in the special requirements of children with disabilities is something civil society will be watching closely. Several suggestions we made did not make it to the final draft of the policy including a section on early intervention and rehabilitation,specific suggestions for the protection of children with disabilities and on access to justice. We can only hope that these will be implemented as the policy is thrashed out at the state,district and local levels.

Im still optimistic,mostly because the childrens policy is the first policy document in India that specifically highlights disability as a ground for discrimination that must be countered and is equal to more recognised grounds for discrimination,such as place of birth,sex,religion,language,region,caste,social and economic status even if it is only in schools. Even the persons with disabilities bill,as presently proposed by Parliament,does not dare speak of such blanket protection,and expressly allows discrimination in cases where it can be shown that the impugned act,provision,criterion,practice,treatment or omission is a proportionate means of achieving a legitimate aim. Does this mean that children with disabilities in our country can dream of a future without discrimination? I certainly hope so.

The writer is an advocate,and fellow,Inclusive Planet Centre for Disability Law and Policy,Chennai

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