Abstract
Disabled children are considered as the most vulnerable individuals. Because of their physical and/or mental disability they are also considered as the most vulnerable victims. Such children may also face challenges as “children in conflict with law”. Disabled children may be used for several criminal offences While such children may be used for theft etc, voices of such children may also be used without their knowledge or consent for committing several kinds of cybercrimes. Such children may also be engaged in sexual offences. Protection of Children from Sexual Offences Act (POCSO), 2013 mentions about engagement of special educator /translator for assisting disabled child victims. Even though The Juvenile Justice (Care and Protection of children) Amendment Act, 2021 also mentions about engaging such translator etc for helping disabled children, the Act however does not provide much information about the tools and the process of assisting disabled children in conflict with law with the translators and special educators. It is hence to argue that the rights of the disabled children in conflict with law may not be properly acknowledged and executed due to absence of legal guidance regarding usage of specific forensic tools, legal lacunae concerning the assistance of the special interpreters/translators, proper interpretation of their behavior/ communication of such children and their guardians /care givers. As children in conflict with law they may need to arrange for their defense lawyers and interpreters. But in majority of cases such children may not access free legal aid and proper interpreters due to their socio-economic conditions and due to lack of awareness of their parents or caregivers. This paper suggests that better forensic tools for assisting such children, assessing their behavior, their testimony and evidences in trials are needed on the basis of the types of disability. This paper also suggests that the qualification of the interpreters and translators may be revised considering the need of contemporary digital era and misuse of disabled children for commission of crimes.
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