Protection Without Accessibility: Disability, Consent And Child Protection Law In India
- IJLLR Journal
- May 19
- 1 min read
Keertana Rajagopal, National Law University Odisha
ABSTRACT
This article will critically analyze two laws—Protection of Children from Sexual Offences Act, 2012 ("POCSO") and Prohibition of Child Marriage Act, 2006 ("PCMA")—in relation to neurodivergence and disability justice. In particular, it argues that these two pieces of legislation persist in maintaining themselves within the "neuro-normative paradigm" which presupposes that children experience and express their trauma in uniform neuro-typical ways. Hence, such an approach leaves out the experiences ofneurodivergent children. The paper criticizes the existence of the "chronological trap" that is characteristic of Indian child protection law since, despite the presence of a notion of functional and developmental vulnerability, Indian child protection law treats chronological age as the only factor in determining a child's vulnerable status. Using concepts and principles of disability jurisprudence, judicial pronouncements, and the principle of substantive equality, the paper demonstrates that contemporary legal framework does not take into consideration non- normative expressions of consent, distress, and communication. Beyond that, this article proposes three recommendations for improvement of existing laws to ensure that they address concerns of neurodivergent children.
Keywords: Neurodivergence, Disability Justice, Child Protection Law, Functional Consent.
