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  • Shreya Sinha

TORCHING IN THE DARKNESS: ENTAILING THE RIGHTS OF SPECIAL CHILDREN

Jay Gajbhiye and Saransh Saxena, 2nd Year, National Law University, Odisha

 

INTRODUCTION

In the modern progressive approaches adopted by various governments of nations to enhance the developmental mechanism, throughout several decades, various groups and sections of people have experienced different sorts of benefits as well as drawbacks. Now, if we take a look at the ratio of benefits entailed, the section of disabled people is one of the most underprivileged ones. But most importantly, our point of view in this research analysis shall only be categorized towards the deprivation of rights and benefits, especially for disabled children.

In a general sense, the discussions on the issue of human rights available to disabled children mostly revolve around the educational understanding, with a vision as to even if a child suffers from some of the other kind of disability, he/she shall not be deprived of any of the educational rights made available to the normal children. With the vision being appropriately in place, however, just as other developing nations, India hasn’t adopted much of a progressive ideology for the betterment of children with disabilities. Not only limited to educational rights, but disabled children are also unfortunately considered a non-deserving section in the society, wherein they are also not provided basic human rights made available to similar children not facing any kind of disabilities.


HISTORICAL & PRESENT SITUATION

Many of the times where one section of people feels to be disadvantaged in society with the non-entailment of some of the other rights and benefits, the sole blame for the non-compliance of equality is imposed on the government. The basic thinking of people is confined to the idea that the complete responsibility of the well-being in the society is only of the government, and the people presiding on higher positions. The reason behind disabled children being considered as a disadvantaged section is not only because of any legislations not framed for their benefit but also as a result of the non-acceptance of the disabled children to be the part of the society just as other normal class of people. When the general society considers them to be different from the rest, the disabled group at that very point only falls in the disadvantaged category.

First and foremost, to make sure that the disabled do not feel excluded from the normal people in the society, the government of India has set up a special department under the Ministry of Social Justice and Empowerment, known as the Department of Empowerment of Persons with Disabilities (Divyangjan). This departmental set up by the government makes sure that all the acts and legal provisions brought up by the government are properly enforced, in addition to organizing all sorts of schemes, programs, and events which shall improve the hospitable conditions of the disabled in the society. With special reference made to the initiative of the government, although the department being in force priorly, its working was boosted by the government through improving the status quo from ‘Disabled to Divyang.’

The applicability of the disabled rights in the system could also be justified through the constitutional reference wherein there are general as well as specific laws in place. All the articles which are made general such as Article 14, Article 19, Article 21, etc. contain the applicability of the said provi