Author
Ms Alisha S Karpe
Organisation/Institution
Symbiosis Law School Pune
Country
INDIA
Panel
Children and Law
Title
Children with Special Needs (CwSN) and Ableist Courtrooms in India: Enabling CwSN as Witnesses through Procedural Convergence
Abstract
Children with special needs (CwSN) who are either victims or witnesses or, in some circumstances, both, entering the justice system remain one of the most overlooked areas in procedural justice and child protection. Despite India's disability jurisprudence witnessing notable developments, especially under the leadership of the former Chief Justice of India Dr DY Chandrachud accessibility measures, publication of a stereotype-corrective handbook, and the presence of interpreters and disability experts at significant events, along with a national level annual consultation (2024) in collaboration with UNICEF India by the Juvenile Justice Committee of the Supreme Court of India, and its benches being acquainted with the submissions of lawyers and activists from the disable community through infrastructural and procedural reforms. Systematic barriers that extend beyond physical access and are rooted in institutional failures and fragmented procedures that call for a web of convergence of laws governing disability and children in India (Annual Stakeholders Consultation Report, SCI, 2024). These barriers include the absence of screening/identification of disabilities, lack of training and sensitisation, lack of communication support during investigation and trials, and inter-agency coordination, resulting in failure to appear or testify (CCL-NLSIU, 2016) despite statutory mandates and precedents like the State of Madhya Pradesh v Balveer Singh 2025 INSC 261, which do not prima facie disqualify a child witness. Through a socio-legal lens and a child-rights-based approach, a qualitative analytical study combining a scoping review of governing statutes and case studies will be undertaken to develop a protocol for disability-sensitive procedures that cover screening, communication, interview standards, accommodations and support, coordination, and data governance, thereby advancing participation and access to justice.
Biography
I am a PhD Scholar, supported by the SIU-JRF, affiliated with SCALSAR, Symbiosis Law School, Pune, under Symbiosis International (Deemed University), Pune, India. I have a keen interest in strengthening the child protection laws and mechanisms in India, and in conducting an extensive and meaningful action-based work in my area of doctoral research, which is about the role and function of statutory support persons in the prevention of secondary victimization in cases of child sexual abuse.
