Keystone Human Services International, Keystone Human Services India Association together with researchers from the Jindal Global Law School undertook a legal analysis of India’s primary child protection legislation, the Juvenile Justice Act with the umbrella disability rights legislation, the Rights of Persons with Disabilities Act. This report was launched last month at our National Learning Event on Inclusive Care Reform in Delhi. The findings of the analysis draw attention to a fundamental difference in how disability is perceived by each legislation, with the medical model still being deeply entrenched in the child protection mechanisms. This together with confusion in definition and terminologies used to address children with disabilities have led to their systemic invisibility. This dissonance and inherent disability-based biases also translate into foster care, adoption, case management tools, as well as preventative mechanisms. The analysis calls for harmonization of national child protection legislation with the UNCRPD as well as shifting focus to community-based support services for children with disabilities and their families.
