3. Education is one of the most powerful tools to
uplift a nation and equip children with essential
skills.
According to a report by UNESCO, 159
countries around the world guarantee free
education for 9 years or more and India is now
a part of the list.
INTRODUCTION
4. The Right of Children to Free and Compulsory Education Act, 2009, commonly
known as the Right to Education (RTE) Act, is a landmark legislation in India that
guarantees free and compulsory education for children between the ages of 6
and 14 years. The RTE Act recognizes the rights of children with disabilities and
mandates that they have equal access to education without discrimination. It
also requires schools to provide reasonable accommodations to meet the
individual needs of children with disabilities.
India has a large population of people with disabilities, estimated to be around
26.8 million as per the census. However, a significant number of them face
barriers in accessing quality education due to various physical, sensory,
cognitive, or other disabilities. These barriers can include inaccessible physical
infrastructure, lack of specialized teaching methodologies, discriminatory
attitudes, and social stigmas.
5. Right of Children to Free and Compulsory
Education Act (RTE), 2009,
Persons with Disabilities (Equal
Opportunities, Protection of Rights and
Full Participation) Act, 1995,
the National Policy for Persons with
Disabilities, 2006,
Rights of Persons with Disabilities Act,
2016,
Sarva Shiksha Abhiyan (SSA) programme.
LEGAL FRAMEWORK
6. Right of Children to Free and Compulsory Education Act (RTE), 2009: This act makes education
a fundamental right for all children between the ages of 6 to 14 years, regardless of their
gender, religion, caste, or disability. The act also provides for the inclusion of disabled children in
mainstream schools and requires schools to provide special training and support services to
them.
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,
1995: This act aims to provide equal opportunities, protection, and full participation to disabled
individuals in all aspects of life, including education. The act requires educational institutions to
provide necessary accommodations and support services to disabled students, such as assistive
devices, special teachers, and flexible schedules.
National Policy for Persons with Disabilities, 2006: This policy outlines the government's
commitment to promoting the rights and inclusion of disabled individuals in all aspects of society,
including education. The policy emphasizes the importance of inclusive education and encourages
the use of assistive technologies and accessible curriculum to support disabled students.
7. Rights of Persons with Disabilities Act, 2016: This act replaces the 1995
act and aims to provide disabled individuals with equal opportunities,
protection, and full participation in all aspects of life, including education.
The act mandates that all educational institutions be made accessible to
disabled individuals and provides for the creation of special schools and
facilities for disabled students.
Sarva Shiksha Abhiyan (SSA) programme: This is a flagship program of the
government of India aimed at promoting universal access to quality
education for all children, including disabled children. The program provides
financial assistance and technical support to states and union territories
for the implementation of inclusive education practices and the creation of
infrastructure and support services for disabled students.
8. Lack of Awareness and Training
Economic Barriers
Lack of Support Services
Negative Attitudes and Discrimination
Lack of Infrastructure
CHALLENGES AND BARRIERS
9. Lack of Infrastructure: Many schools in India lack the necessary
infrastructure to accommodate disabled students, such as ramps,
accessible toilets, and elevators. This makes it difficult for disabled
students to move around the school and access classrooms and other
facilities.
Negative Attitudes and Discrimination: Many teachers, school
administrators, and fellow students hold negative attitudes towards
disabled individuals, which can lead to discrimination and exclusion. This can
make it difficult for disabled students to feel accepted and included in the
school environment.
10. LACK OF SUPPORT SERVICES: DISABLED STUDENTS MAY REQUIRE ADDITIONAL SUPPORT
SERVICES, SUCH AS SPECIAL TEACHERS, ASSISTIVE DEVICES, AND ADAPTED CURRICULUM, TO
FULLY PARTICIPATE IN THE CLASSROOM. HOWEVER, MANY SCHOOLS DO NOT HAVE THE
RESOURCES TO PROVIDE THESE SERVICES, WHICH CAN MAKE IT DIFFICULT FOR DISABLED
STUDENTS TO ACCESS EDUCATION ON AN EQUAL BASIS WITH NON-DISABLED STUDENTS.
ECONOMIC BARRIERS: DISABLED INDIVIDUALS IN INDIA OFTEN FACE ECONOMIC BARRIERS TO
ACCESSING EDUCATION, SUCH AS THE COST OF TRANSPORTATION, ASSISTIVE DEVICES, AND
MEDICAL CARE. THESE COSTS CAN BE PROHIBITIVE FOR MANY FAMILIES, ESPECIALLY THOSE
LIVING IN POVERTY.
LACK OF AWARENESS AND TRAINING: MANY TEACHERS AND SCHOOL ADMINISTRATORS LACK
THE NECESSARY AWARENESS AND TRAINING TO EFFECTIVELY SUPPORT AND INCLUDE
DISABLED STUDENTS IN THE CLASSROOM. THIS CAN LEAD TO A LACK OF ACCOMMODATIONS
AND SUPPORT SERVICES, WHICH CAN MAKE IT DIFFICULT FOR DISABLED STUDENTS TO FULLY
PARTICIPATE IN EDUCATION.
11. Javed Abidi v. Union of India (2007)
Anamitra Roy v. State of West Bengal
(2014):
CASE LAWS
12. ANAMITRA ROY V. STATE OF WEST BENGAL (2014): IN THIS CASE, THE COURT DIRECTED
THE GOVERNMENT TO ENSURE THAT ALL SCHOOLS IN WEST BENGAL ARE MADE
ACCESSIBLE TO DISABLED STUDENTS BY PROVIDING NECESSARY INFRASTRUCTURE AND
SUPPORT SERVICES.
JAVED ABIDI V. UNION OF INDIA (2007): THIS CASE INVOLVED A PETITION CALLING FOR
THE GOVERNMENT TO PROVIDE FREE AND COMPULSORY EDUCATION FOR ALL DISABLED
CHILDREN IN INDIA. THE COURT DIRECTED THE GOVERNMENT TO CREATE A
COMPREHENSIVE POLICY FOR INCLUSIVE EDUCATION AND TO ALLOCATE NECESSARY
RESOURCES FOR ITS IMPLEMENTATION.
THESE CASES HIGHLIGHT THE IMPORTANCE OF PROTECTING AND PROMOTING THE RIGHT
TO EDUCATION FOR DISABLED INDIVIDUALS IN INDIA AND PROVIDE IMPORTANT LEGAL
PRECEDENTS FOR FUTURE ADVOCACY AND LITIGATION EFFORTS.
13. In conclusion, the right to education is a fundamental human right, and this right must
be protected and promoted for all individuals, including those with disabilities. While
India has made significant progress in promoting inclusive education for disabled
individuals, there are still many challenges and barriers that need to be addressed.It
is essential that these challenges and barriers are addressed through continued
advocacy and policy interventions to ensure that all individuals, including those with
disabilities, have equal access to education.Overall, promoting inclusive education for
disabled individuals is not only a legal obligation but also a moral imperative. It is
essential for building an equitable and just society where all individuals can realize
their full potential and contribute to the development of the nation.
CONCLUSION