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Section 5: Right to Education

The rights of children with disabilities are addressed primarily, if not exclusively, through the medium of universal education, Article 21A of the Constitution of India. Drawing on this the enunciation of the zero rejection policy by the Sarva Shiksha Abhiyan (SSA), and the special strategies in this programme to draw children with disabilities into the mainstream of education, are significant. The SSA goal of the Universalization of Elementary Education (UEE) necessarily meant that children with disabilities be included. One of SSA's missions, therefore, is to ensure that every child with a disability is provided a quality education in a learning environment best suited to his or her needs. SSA maintains an emphasis on including children with special needs in mainstream schooling whenever possible by providing pre-integration programmes when needed, as well as adequate in-school support.

Note #24
National Commission for Protection of Child Rights

The newly established National Commission for the Protection of Child Rights24, although it does not address the question of children with disabilities centrally, does provide umbrella protection to children as a specific vulnerable category against all human rights abuses-a protection that applies more strongly to more vulnerable sections of children, for instance we could argue, children with disabilities.

Further, the 86th Amendment makes free and compulsory education for all children ages 6-14 a fundamental right, and Section 26 of the Persons with Disabilities Act (1995) requires the State ensure that every child with a disability has access to free education in an appropriate environment till he attains the age of eighteen years.

Note #25
The Shadow Report

However, an alternate report on the Education of Disabled Children and Youth25 enumerates the failures of SSA to deliver these educational opportunities to children with special needs, and criticizes the lack of clear vision at the policy level to meet the education needs of children with different impairments. It notes that the Annual Report of Ministry of Human Resource Development (2003-2004) neglected to mention disabled children under SSA, and did not provide details on the numbers of children with disabilities enrolled in primary schools. Further, it reports that the University Grants Commission, which initiated a plan in 1998 to promote higher education for disabled students, has succeeded in ensuring benefits for disabled students at only 30 of approximately 300 universities in the country.

Article 21 A of the Constitution of India guarantees the right to education to all children which includes children with disabilities. The PWD Act contains explicit provisions on education for children with disabilities, schemes and programmes for non-formal education, develop trained manpower for schools, transport facilities and supply of books for children with disabilities. There are Specific provisions regarding education for children under the Sarva Shiksha Abhiyaan Interventions for children with special needs.

An examination of the process of implementation and general school education for children with disabilities clearly shows that proper implementation and monitoring mechanisms are required to ensure the rights of all persons with disabilities to education. A survey by National Centre for Promotion of Employment for Disabled People of 89 schools across the country found that a mere 0.5 percent of the total number of students were those with disabilities, though the Persons with Disabilities Act recommends a reservation of three percent of seats in institutions funded by the government.

Note #26
Educating the Disabled - Included by law, but little else

Eighteen of the schools surveyed acknowledged that they did not admit students with disabilities. Twenty percent of the schools polled were not aware of the 1995 Disability Act at all. While girls comprised 41.6 percent of the total student population, among children with disabilities, the percentage of girls was only 33.26

Note #27
Rehabilitation Council of India - Frequently Asked Questions
Note #28
Status of Mainstream Education of Disabled Students in India - Research Study

There are about Sixteen Categories of Professionals/Personnel training on Special Education courses are conducted for adults and children by the Rehabilitation Council of India.27 The lack of awareness about these educational training programmes and schemes for persons with disability is a major barrier to accessing rights. For e.g. only 50% of the 119 Universities reported being aware of the UGC Schemes. The remaining 50% did not know of any such Schemes - the notable ones among them were National Institute of Mental Health and Sciences (Bangalore), Indian Institute of Technology (Chennai and Kanpur), School of Planning and Architecture (New Delhi), Tata Institute of Fundamental Research, Lucknow University, and Nalsar University of Law (Hyderabad)28.

Note #29
CW No 4608/2002
Note #30
Color Blindness

The courts have in most cases upheld the right to education for persons with disabilities. The Delhi High court in the case of Dr Kunal Kumar v. Union of India and Others29 observed that a person suffering from color vision deficiency is not completely blind to red and green colors but may have some trouble differentiating between certain colors. Moreover, the Court noted that there is no condition in the admission rules or the regulations of the Medical Council of India debarring a candidate with color blindness from his admission to the medical course.30

In 1998, the All India Confederation of the Blind filed a writ petition in the Supreme Court seeking direction to ensure availability, in Braille, of all textbooks according to the revised syllabus of NCERT to the visually impaired students without delay. In its interim order dated 28.10.2003, the Court directed considering the fact that schools will reopen in May, 2004 it would be appropriate that text-books be made available latest by 31st March, 2004 and not later.

Note #31
Chapter 6: Specific Social and Cultural Rights and their Relevance to Persons with Disabilities

The Delhi Association of the Deaf has filed an application before the NHRC alleging that in India there are a number of sign languages in use and these languages differ from place to place and are quite inadequate in meeting the educational requirements of deaf children. Therefore, it is important to develop a Standard Sign language to meet the educational, training and employment needs of the deaf people. After investigating the status of sign languages for deaf children in India, the NHRC is convinced that a child-centered sign language is an important element of the right to education. For its development and popularization, the Commission believes collaborative action by the Government, linguists, deaf persons and their families, and interpreters are essential.31

The challenge is to develop inclusive educational programmes and services which recognize the use of sign languages and Braille as the mode of communication. Awareness programmes need to be conducted for teachers and staff in educational institutions whether private or public to create an inclusive society free from discrimination.

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