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VOL. 6, ISSUE 3 (2020)
The dream which emancipated children with disability: A socio-legal analysis
Authors
Shantanu Pachahara, Kriti Kaushik
Abstract
Children with disability have all the rights which any other child without disability would otherwise have, as enshrined under Article 14, 19 and 21and 21-A of The Constitution of India, but in reality, at some stage or the other even basic human rights of these children are overlooked and it is this deeply entrenched discrimination in the society itself which hampers the formative years of a child’s life. Although, The Rights of Persons with Disability Act, 2016 bestow upon the person with a disability including children, various basic rights such as equal treatment; community living; protection from cruelty and inhuman treatment; protection from abuse, violence and exploitation; right to education etc. and various measures have been laid down in the Act to ensure effective implementation but it has been noticed that India is still lagging behind in achieving the legislative intent that is to include children with disabilities in the mainstream. Keeping in mind the reprehensible condition of children with disability and the legal mandate to protect the rights of such children and provide them with appropriate protection and services, various non-governmental organization have taken effective measures by setting-up institutes with the sole aim to assist, protect and rehabilitate children with disability back into normal life and survive as an independent individual. The author seeks to unveil the present scenario regarding the situation of disabled children by highlighting the international interventions, legislations, judicial perspectives, as well as the enabling role of social work towards children with disability.
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Pages:231-236
How to cite this article:
Shantanu Pachahara, Kriti Kaushik "The dream which emancipated children with disability: A socio-legal analysis". International Journal of Law, Vol 6, Issue 3, 2020, Pages 231-236
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