ZAHEER JAN
Every year on 3rd December, the world observes the International Day of Persons with Disabilities. The theme for this year, “Fostering Disability-Inclusive Societies for Advancing Social Progress,” highlights the global commitment to creating a world where every individual is treated with dignity and equality. On this day, various organizations, NGOs, and rehabilitation centers prepare special programs and stage events where children with special needs and persons with disabilities participate in a range of cultural and creative activities. These platforms aim to showcase their talents, raise awareness, and promote inclusion. Yet, the urgent question remains, why are children with special needs still waiting for their rights?
Despite policies, celebrations, and promises, and implementation of RPWD Act 2016 many children continue to face barriers to quality inclusive education, early intervention healthcare, accessibility, vocational Training and acceptance. True inclusion requires more than one-day observance it demands continuous action, stronger implementation of laws, community support, accessible infrastructure, and a shift in societal attitudes. Only then we ensure that children with special needs are not just celebrated on a single day, but are given the rights, opportunities, and respect they deserve every day.
A Law Implemented yet Invisible: The J&K Reality
In Jammu and Kashmir, the Rights of Persons with Disabilities (RPWD) Act, 2016 was a landmark legislation designed to ensure equality, dignity, and full inclusion for persons with disabilities. While it has been formally implemented, in reality, the Act remains largely ineffective, existing more as a paper framework than a functional tool for change. On the ground, most government as well as private institutions and public facilities fail to uphold even the basic provisions of the law, leaving children with special needs and other persons with disabilities systematically deprived of the rights and protections they are legally entitled to. Access to inclusive education, early intervention services, rehabilitation therapies, and other essential facilities continues to be severely limited, particularly in rural and remote areas.
The State Disability Commissioner, whose office is critical for monitoring and enforcing the implementation of disability laws, completed his three-year tenure on 27 September 2025, yet the government has failed to constitute the mandatory Advisory Board for Persons with Disabilities or the District-Level Committees as required under the RPWD Act. These bodies are essential for ensuring accessibility in public buildings, effective monitoring of service delivery, and enforcement of inclusive education programs in all education institutions. Their absence represents not just bureaucratic oversight but a systemic failure and a glaring lack of political will to uphold the rights of the most vulnerable members of society.
This prolonged inaction is not merely a lapse in governance it is a direct violation of dignity, equality, and justice. Children with special needs, in particular, are forced to navigate a fragmented and inadequate system, often facing insurmountable obstacles to access the services they require for their development and well-being. Every day of delay denies them the opportunity to grow, learn, and participate fully in society, leaving families burdened with both emotional and financial strain.
This neglect forces society to face a hard and uncomfortable question, how long must children with different disabilities, especially those with Autism, Down syndrome wait for the support, systems, and respect that are not optional but their basic human rights. Without proper enforcement, accountability, and real political commitment, the promises in the RPWD Act remain just words, and the children the law is meant to protect continue to be ignored and left behind. The time for empty statements and symbolic actions is over; what are urgently needed are strong action, proper implementation, and ongoing support to make sure these children get the care, protection, and opportunities they deserve.
Ground Reality: Parents Speak of Pain, Struggle, and Abandonment
Inclusive education and early intervention facilities for children with special needs are still largely missing in the rural areas and many districts of Jammu as well as Srinagar. Parent of special need child Ms Shabeena from South Kashmir, whose 7-year-old son is autistic, informed that her child was diagnosed Autism at the age of two. However, she could not find any early intervention centre in Anantnag, either in private or in government hospitals, and had to take him to Srinagar private Child Development Center for regular therapies for 1 year. She said that although she visited the Medical College Anantnag for different therapies, but early intervention facility there was not up to the mark, and the required infrastructure and equipment were not available at that time.
Now, at the age of seven, her son is being denied admission by private schools due to Autism. She said Government schools under SAMAGRA have started inclusive education, but only a few resource rooms exist, most of which are far from her home and are not fully equipped or suitable for her child. She said she is struggling a lot because the rights of children with special needs are still being denied. In Anantnag, many parents of special-needs children are deeply worried about their children, and they feel mentally distressed and unsupported.
Another parent from District Budgam, Mudasir Ahmed, said that his son has mild autism. He takes him to different private therapy centres in Srinagar because government hospitals in Budgam District do not have essential Early Intervention services such as occupational therapy, speech therapy, or rehabilitation therapy. He said he travel to Srinagar regularly for these therapies and feels that the government is not serious about the needs of such children.
He also said that many private schools denied admission to his son. After moving from one school to another, a well-known private school finally admitted him, but after a few months the school authorities called the parents and said the child showed different behavior, and pressured them to cancel his admission. He said that the rights of children with special needs are being denied in Jammu and Kashmir and hundreds of children are at risk.
One of the parents of a 5 year old autistic child, Pramod from Rajouri, informed that early-intervention treatment as well as inclusive education is not available in other rural districts. He shifted to Jammu only because of his son’s treatment and the need for inclusive education. He said he visited GMC and other district hospitals in Jammu for his son’s treatment and therapies, but early-intervention facilities were not available in these hospitals.
He then took his son to PGI Chandigarh for treatment, but the doctors recommended regular therapies, which made it difficult for him to stay in Chandigarh for long. After returning to Jammu, he visited private centres for OT, Speech because in government hospitals and the GMC environment, infrastructure and equipments are not suitable for children with special needs. He also stated that private schools denied admission to his son, and he had to admit him to a crèche for socialization because private schools in Jammu did not show any responsibility toward such children.
Pramod said he has tried his best to reach out to National organizations to start early-intervention facilities for children in Jammu and Kashmir, but so far nothing has happened. He requested the government to establish early-intervention centres in every government hospital, especially in rural districts, and to appoint occupational therapists, physiotherapists speech therapists, and rehabilitation therapists so that parents can access early-intervention treatment without delay and without having to move from one district to another because early intervention is very important for these children. He also said that these special-needs children require regular therapies, and not every parent can afford private child-development centres.
In Jammu and Kashmir, while several private rehabilitation and child development centres have emerged in Srinagar and Jammu over the past few years, rural areas remain glaringly underserved. For families living outside urban centres, accessing these facilities is often prohibitively expensive and logistically challenging, forcing parents to travel long distances for essential therapies and interventions. This stark gap highlights the urgent need for the government to establish fully equipped early intervention centres in every district, ideally within district hospitals, so that children with special needs can receive timely, affordable, and locally accessible care.
Equally critical is the need for strong, enforceable policies in the education sector. The Education Department must mandate private schools to reserve a quota of seats for children with special needs, ensuring that no child is denied admission on the basis of disability. Despite circulars issued by the School Education Department prohibiting discrimination, these directives largely remain ineffective on the ground, with many schools continuing to refuse admission. This systemic neglect not only violates the rights of children with special needs but also undermines their fundamental right to education. Immediate and decisive action is needed to translate policy into practice, guaranteeing every child the education, support, and opportunities they rightfully deserve.
As per the RPWD Act 2016, every school is mandated to admit children with special needs into mainstream inclusive education, and every hospital must provide early intervention facilities. But unfortunately, this law exists largely on paper. On the ground, children are still waiting for their rights.
In Srinagar and Jammu, some NGOs run special schools and support children with special needs. However, parents want their children to be admitted into regular schools, not segregated into special schools. They want to see their children learn, grow, and thrive alongside other kids — as equals, with dignity, and as a rightful part of our society.
Conclusion: The Urgency of Now
Children with special needs are not asking for special treatment, they are asking for their rightful place in society. Their rights are not privileges, nor are they optional goals to be achieved “when convenient.” They are fundamental human rights that demand immediate action.
On this International Disability Day, the world must confront a difficult truth; children with disabilities in Jammu and Kashmir as well as other states in India are still waiting because society has not moved fast enough. The time for promises is over. What is needed now is commitment, accountability, and compassion.
Children with special needs require consistent support not just one-day celebrations or symbolic events. The government must step forward with strong policies for inclusive education and early intervention because a monthly pension of merely ₹1250 is not enough. These children do not need charity; they need their rightful entitlements, proper services, and a system that empowers them to live with dignity and equality. Only then can we ensure that every child regardless of ability has the opportunity to grow, learn, and thrive.
Because inclusivity is not a favour. It is a right.
(Author is Sr. Pediatric Rehab Therapist & Social Worker (MSW) Working for Disability & Child Rights. Feedback: [email protected] )
