Disability In Abandoned/Orphaned Children And State Responsibility: The Indian Perspective

Disability is a condition which needs acceptance and immense support. It becomes even more pronounced when it is in children who have been abandoned/orphaned and have nobody to care for them. Although we have legal protection available to persons with disability at both international and national level, unless there is social ratification of these in the form of removal of stigma attached to the disabled, the purpose of the law cannot be achieved. The Constitution of India guarantees fundamental rights to all persons (including adults and children, with disabilities). The Convention on the Rights of Persons with Disabilities ensures that the countries signatory to it, enact legislations for upholding the human rights of persons with disabilities and it must be made mandatory to include homeless children with disabilities who are at the mercy of the State. The reason for the palpable apathy towards the disabled despite the existence of law needs to be examined and removed for good. It is the responsibility of the State to not just enact the law but also assess its impact from time to time. The definition of “Street Children” needs to be understood in the context of disability and efforts must be taken by the state to identify and ensure that there is proper implementation of the law in order to accomplish its desired goal.