KOCHI: A lot has changed for children with disabilities. Therapy centres that have come up across the state have opened new horizons for them. But, casting a shadow over their hopes and lives are the recent incidents wherein disabled children were sexually abused by therapists and caregivers, highlighting the need to bring in strict regulations for such centres, including the presence of parents in the therapy room. Though the Kerala High Court ordered to lay down the guidelines while hearing a Public Interest Litigation, it will become effective only from January 2020.
Parent-inclusive centres
As per the guidelines, if clinically not possible, therapy or treatment sessions should be visible to parents through observation window or CCTV or any other electronic mode. “The rule will come into effect next year. The real issue is a lack of awareness. Most parents are unaware of the Protection of Children Against Sexual Offences (POCSO) Act and the Rights of Persons with Disabilities Act which protect the children from such offences. For the same reason, the majority of the cases go unreported. Parents should be made aware of these Acts,” said Seema Lal, a psychologist and special educator who heads advocacy group ‘Together We Can’.“In normal circumstances, most of the cases go unreported as parents are too scared to complaint, leading to such crimes repeating. Most of the therapy centres or schools are not parent inclusive, making children vulnerable to such crimes,” said Seema.
Legal side
According to advocate Sandhya Rani, who specialises in children’s and women’s issues, disabled children are more vulnerable.“As per stats, in most abuse cases, the child will either be physically disabled or mentally challenged. Such children are more vulnerable as they do not communicate much. There are aggressive punishments for crimes against differently-abled children under POCSO Act,” she said.
Though the State Child Rights Commission and the Childline have been taking strict action, such incidents continue to happen. “Earlier, the majority of the cases would not come up before the authorities, but now many parents speak out. We will take strict action against perpetrators,” said a member of the Commission.
No more closed space
Considering such issues, the Samagra Shiksha Kendra, which is planning to open more autism centres and sensory parks across the state, has decided to do away with one-to-one therapy sessions in closed space. According to the proposal mooted by them, the safety of the children is given top priority. “Our centres do not hold any closed space therapy session where only the child and therapist are involved. Such sessions will happen in the presence of parents. Besides safety, parents are also given instructions on therapeutical activities,” said Deepa G S, district programme officer, SSK. The SSK will only employ women as resource teachers and caretakers at these centres.
Two incidents
A sixth-standard student was sexually exploited by the hostel warden of Government School for Deaf and Dumb at Jagathy. A similar case was reported in August wherein a 10-year-old boy with autism studying at Cheruvikkal Government UP School near Sreekaryam was sexually harassed by a school employee. This came to light when the parents of the child, who cannot communicate verbally, noticed his reluctance to go to school. The mother discussed the matter with the therapist, which shed light on the abuse.
PIL seeks guidelines
The Public Interest Litigation (PIL) in this regard was filed by Seema Lal, a psychologist and special educator who heads an advocacy group ‘Together We Can’ last May before the High Court of Kerala. It sought guidelines prescribing minimum standards for the registration of therapy centres in Kerala and the physical presence of parents inside the therapy room. Following this, the court approved its demands and certain new guidelines were published under the Rights of Persons with Disabilities Act 2016 which also includes guidelines for the therapy centres.