The Supreme Court of India has raised a crucial question about the future of children with special needs, specifically those deemed “in need of care and protection” under the Juvenile Justice Act (JJ Act). In a hearing earlier this week, a bench headed by Chief Justice D.Y. Chandrachud sought the government’s response to a petition demanding comprehensive aftercare services for these children once they turn 18.
The petition, filed by advocate K.S.R. Menon, highlights the critical gap in support systems for specially-abled youths transitioning out of the protective ambit of the JJ Act. Section 2(14)(iv) of the Act identifies children with mental or physical disabilities, terminal illnesses, or no family support as falling under this category. However, the current legislation lacks concrete provisions for their well-being and continued care after they attain legal adulthood.
Chief Justice D.Y. Chandrachud, expressing concern for this vulnerable group, remarked, “There is a concern for children with special needs after they turn 18… What after 18 years of age?” Advocate Phukan, representing the petitioner, further emphasized the necessity of a robust aftercare framework, stating, “These children lack the capacity to take care of themselves and need continuous support.”
The issue at hand underscores the stark reality faced by young adults with special needs who often grapple with limited independence, employment opportunities, and access to healthcare. Transitioning out of institutional care, without adequate support mechanisms, can leave them susceptible to exploitation, neglect, and social isolation.
The Supreme Court’s intervention serves as a timely reminder of the need for a holistic approach to the well-being of special children. The government’s response, expected within four weeks, will be closely scrutinized for its commitment to addressing this critical concern. Ideally, the response should outline a comprehensive roadmap for the following:
- Expansion of existing schemes: Existing rehabilitation and vocational training programs for persons with disabilities could be broadened to cater specifically to young adults transitioning from JJ Act care.
- Targeted social security: Introducing income support programs tailored to the specific needs of this demographic would ensure financial stability and independence.
- Skilling and employment opportunities: Customized vocational training programs and job placement initiatives can empower these young adults to enter the workforce and lead fulfilling lives.
- Long-term healthcare support: Access to specialized healthcare services, including physical therapy, mental health support, and medication, should be readily available and affordable.
The Supreme Court’s inquiry marks a significant step towards recognizing the challenges faced by special children transitioning into adulthood. The government’s response will determine the direction and effectiveness of efforts to guarantee their long-term well-being and social inclusion.
