PWD NPD (2006) RCI RTE Constitutional Obligations

1. Course A2 Contemporary India & Perspective
Module 4
B Ed Special Education- Hearing Impairment
B Ed Special Education- Learning Disability
Also Useful for B Ed (General Education/ Physical Education/M Ed /B A
Education/M A Education)
University of Mumbai
Dr.Amit Hemant Mishal
Associate Professor
CCYM’S Hashu Advani College of Special Education
https://www.hashuadvanismarak.org/hacse/

2. Policies
Promoting
Inclusion

4. National Policies and Significance of the policies:
Constitutional obligations for education of diverse groups
Rehabilitation Council Act,1992 ,
National Policy for Persons with Disability 2006, Right to
Education Act, 2009.

5. Constitutional obligations for education of
diverse groups
Article 14 to 18 - right to equality -all citizen are equal before law.
all children -ages of 6-14 years free-compulsory admission,
Section 3 (2) of the RTE Act lays impetus on the elementary education
of children with disabilities.
Article 45 directs State to provide free-compulsory education (including
the disabled) attain -14 years.

6. • Article 15(1) not to discriminate against any citizen of India (including
disabled) -religion, race, caste, sex or place of birth.
• Article 15 (2) no citizen (including the disabled) shall be subjected to any
disability, liability, restriction or condition on any of the above grounds in
the matter of their access to shops, public restaurants, hotels and places
of public entertainment or in the use of wells, tanks, bathing ghats, roads
and places of public resort maintained wholly or partly out of government
funds or dedicated to the use of the general public.

7. • There shall be equality of opportunity for all citizens (including the disabled) in
matters relating to employment or appointment to any office under the State.
• No person including the disabled irrespective of his belonging can be treated as an
untouchable. It would be an offence punishable in accordance with law as provided
by Article 17 of the Constitution.
• Every person including the disabled has his life and liberty guaranteed under Article
21 of the Constitution.
• There can be no traffic in human beings (including the disabled), and beggar and
other forms of forced labour is prohibited and the same is made punishable in
accordance with law (Article 23).
• Article 24 prohibits employment of children (including the disabled) below the age
of 14 years to work in any factory or mine or to be engaged in any other hazardous
employment. Even a private contractor acting for the Government cannot engage
children below 14 years of age in such employment

8. • Article 25 guarantees to every citizen (including the disabled) the right to freedom of
religion. Every disabled person (like the non-disabled) has the freedom of conscience
to practice and propagate his religion subject to proper order, morality and health.
• No disabled person can be compelled to pay any taxes for the promotion and
maintenance of any particular religion or religious group.
• No Disabled person will be deprived of the right to the language, script or culture
which he has or to which he belongs.
• Every disabled person can move the Supreme Court of India to enforce his
fundamental rights and the rights to move the Supreme Court is itself guaranteed by
Article 32.
• No disabled person owning property (like the non-disabled) can be deprived of his
property except by authority of law though right to property is not a fundamental
right. Any unauthorized deprivation of property can be challenged by suit and for
relief by way of damages.
• Every disabled person (like the non-disabled) on attainment of 18 years of age
becomes eligible for inclusion of his name in the general electoral roll for the
territorial constituency to which he belongs.

9. • Article 29(2) of the Constitution provides that no citizen shall be denied admission
into any educational institution maintained by the State or receiving aid out of State
funds on the ground of religion, race, caste or language.
• Article 45 -State to provide free and compulsory education for all children (including
the disabled) until they attain the age of 14 years. No child can be denied admission
into any education institution maintained by the State or receiving aid out of State
funds on the ground of religion, race, caste or language.
• Article 47 of the constitution imposes on the Government a primary duty to raise
the level of nutrition and standard of living of its people and make improvements in
public health - particularly to bring about prohibition of the consumption of
intoxicating drinks and drugs which are injurious to one’s health except for medicinal
purposes.
• The health laws of India have many provisions for the disabled. Some of the Acts
which make provision for health of the citizens including the disabled may be seen in
the Mental Health Act, 1987
(See later in the chapter). Source:https://oneindiaonepeople.com/inclusion-and-the-
law/ ( retrieved on 15.3.24)

10. REHABILITATION COUNCIL OF INDIA ACT, 1992 ACT
NO. 34 OF 1992 [1st September, 1992.]
An Act:
- to provide for the constitution of RCI for regulating , monitoring training of
rehabilitation professionals - personnel,
- promoting research in rehabilitation- special education,
- maintenance of Central Rehabilitation Register; for matters connected
therewith or incidental thereto.

11. RCI Act,1992/Amendement in 2000
— To bring about standardization of training courses for rehabilitation
professionals/ personnels dealing with persons with disabilities.
— To prescribe minimum standards of education and training in the
field of rehabilitation uniformly throughout the country.

12. • Rehabilitation of PWD in India has been receiving attention during the last
five decades since independence.
• NO/ Few planned efforts -developing trained manpower –help’g
rehabilitation
• 1981-declared - ‘International Year of the Disabled Persons (IYDP)’ by the
United Nations.
• Lack of appropriate trained manpower -major constraints -expansion of
rehabilitation services.
• Training programmes in field of rehabilitation/special education -isolated ;
ad-hoc in nature, with no standard syllabi.

13. • No uniformity in teaching curriculum run by various institutions at the
Under-Grad/ Post-Graduate levels.
• Decided by GoI in 1986 to set RCI to be responsible for:
• (i) training policies / programmes;
• (ii) to standardise training courses for professionals dealing with PWD’s
• (iii) to grant recognition institutions running training courses;
• (iv) to maintain a Central Rehabilitation Register –of professionals;
• (Next slide…………….What is CRR?)
• (v) to promote research in Rehabilitation & Special Education.

14. What is CRR?
• Maintaining the record of all Rehabilitation Professionals/Personnel who
are offered registration by the Council.
• Registration in the Central Rehabilitation Register (CRR) is a statutory
requirement for those engaged in the area of rehabilitation of the
disabled with recognised rehabilitation qualifications as per Section 13 of
the RCI Act, 1992.

15. • In order to give statutory powers to the Council for carrying out its
duties effectively the Rehabilitation Council of India Act, 1992, was
passed by the Parliament which came into force with effect from 22nd
June 1993.
• The 4 amendment in the Act in 2000 gave the additional responsibility
of promoting research to the Council.
• The Persons with Disabilities (Equal Opportunities, Protection of Rights
and Full Participation) Act, 1995 has changed the earlier concept of
welfare of the disabled to the demand of equal opportunities and
empowerment.

16. • Promise of access to education to every CWD casts a special
responsibility on Council to provide trained manpower for their
educational, vocational and social integration.
• RCI recognised institutions -conducting RCI approved courses for
manpower development in field of rehabilitation & special education.
• Council regularly organizes seminars/conferences/workshops at national
-international level for upgradation of knowledge/ skills of professionals.

17. • Council RCI -only institution -care of manpower development of
different categories of professionals for comprehensive rehabilitation of
persons with disability to meet the needs of entire life cycle,
• i.e., physical - medical rehabilitation;
• educational rehabilitation;
• vocational rehabilitation;
• and social rehabilitation.

18. • To regulate the training policies and programmes in the field of rehabilitation of persons
with disabilities.
• To bring about standardization of training courses for rehabilitation
professionals/personnels dealing with persons with disabilities.
• To prescribe minimum standards of education and training in the field of rehabilitation
uniformly throughout the country.
• To regulate these standards in all training institutions uniformly throughout the country.
• To recognize foreign degrees/diplomas/certificates in the field of rehabilitation awarded
by Universities/Institutions on reciprocal basis.
• To maintain Central Rehabilitation Register of professionals/ personnel possessing the
recognised rehabilitation qualifications.
• To collect information on regular basis, on education and training in the field of
rehabilitation of persons with disabilities from institutions in India and abroad.
• To encourage continuing rehabilitation education by way of collaboration with
organizations working in the field of rehabilitation of persons with disabilities.
• To promote research in rehabilitation and special education

19. • The General Council --supreme body
• For professional and efficient functioning, number of Expert Committees
which meet regularly to consider all aspects of implementation of any
programme, keeping in view the minimum level of standards to be
maintained.
• Various Expert Sub-Committees of RCI
• 1. Professionals in the field of Blindness and Low Vision.
• 2. Professionals in the field of Mental Illness and associated disabilities.
• 3. Professionals in the field of Leprosy Cured, Loco Motor and associated
disabilities.
• 4. Professionals in the field of Hearing Impairment.
• 5. Professionals in the field of Multiple Handicapped.
• 6. Research and Fellowship.
• 7 Assessment and Accreditation Committee. 8. Advisory Committee.

20. Maintaining Uniformity in Different Training
Programmes
• Continuous monitoring and evaluation of the training programmes
and training institutions.
• Visiting experts deputed for assessing the infrastructural facilities,
curriculum and faculties.

21. • Assessment and Accreditation of Institutions
• The Council has started the process of assessment and accreditation
of RCI recognized institutions from 1999-2000. In the year 2001-2002,
22 institutes were given accreditation. The objective of the process is
to assess the strengths, weaknesses and opportunities for future
growth of the institution and to evaluate the performance of
institutions engaged in rehabilitation education and give them
accredited status. The institutions are given grading as “Outstanding”,
“Excellent”, “A Special Grade” and “A Grade” on the basis of their
performance.

22. • Continuing Rehabilitation Education
• supporting short-term/refresher Continuing Rehabilitation Education
(CRE) programmes for in-service and practicing rehabilitation
professionals and personnel to update their knowledge and skills.
• The duration -one day to a week.

23. • Web Site Rehabilitation Council of India -www.rehabcouncil.org
• E-mail The e-mail address of the Council is - rehabstd@nic.in

24. National Policy for Persons with Disability 2006
• Policy -recognizes
• PWD – valuable HR for country
• Seeks to create an environment that provides them equal opportunities,
protection of their rights and full participation in society.
• Equality
• Freedom
• justice
• dignity of all individuals
• inclusive society for all including persons with disabilities.

25. Focus of the policy on the following:
• I. Prevention of Disabilities
• 2. Rehabilitation Measures- Physical ,Educational, Economic
rehabilitation
• A. Physical Rehabilitation Strategies-
• -Early Detection and Intervention ; Counseling & Medical
Rehabilitation ; Assistive Devices ; Development of Rehabilitation
Professionals
• B.Educational -Education for Persons with Disabilities
• C. Economic Rehabilitation of Persons with Disabilities –Employment
in Government Establishments; Wage employment in Private sector
; Self-employment ;

26. Cont’d…………………..
3. Women with disabilities
4. Children with Disabilities
5. Barrier-free environment
6. Issue of Disability Certificates
7. Social Security
8. Promotion of Non-Governmental Organizations (NGOs)
9. Collection of regular information on Persons with Disabilities
10. Research
11. Sports, Recreation and Cultural life
12. Amendments to existing Acts dealing with the Persons with
Disabilities

27. Principal Areas of Intervention
 Prevention, Early Detection and Intervention;
 Programmes of Rehabilitation ;
 Human Resource Development
Education of Persons with Disabilities
Employment
Barrier-free environment
Social Protection
Research
Sports, Recreation and Cultural activities

28. RESPONSIBILITY FOR IMPLEMENTATION
• The Ministry of Social Justice & Empowerment will be the nodal Ministry
to coordinate all matters relating to the implementation of the Policy.

29. Right to Education Act, 2009
• What is RTE Act, 2009
• Mandates establishment of neighborhood schools.
• Every child ,access to school within reasonable distance.
• RTE Act prohibits schools from charging any capitation fee or screening
students for admission
• The Right of Children to Free and Compulsory Education Act, 2009

30. • RTE Act aims- provide primary education to all- 6 to 14 years.
• Enforces Education as a Fundamental Right (Article 21).
• Mandates 25% reservation for disadvantaged sections of the society where
disadvantaged groups include: SCs , STs , Socially Backward Class ,Differently
abled
• Makes provisions for a non-admitted child to be admitted to an age
appropriate class.
• Sharing -financial , other responsibilities between - Central , State
Governments.
• Lays down -norms and standards related to: Pupil Teacher Ratios (PTRs)
Buildings -infrastructure School-working days ; Teacher-working hours.
• Clause for “No Detention Policy” which has been removed under The Right of
Children to Free and Compulsory Education (Amendment) Act, 2019.

31. • Prohibition of deployment of teachers for non-educational work,
other than decennial census, elections to local authority, state
legislatures and parliament, and disaster relief.
• Provides for -appointment of teachers with requisite entry-
academic qualifications.
• It prohibits Physical punishment and mental harassment Screening
procedures for admission of children Capitation fee Private tuition
by teachers Running of schools without recognition .
• It focuses on making the child free of fear, trauma and anxiety
through a system of child friendly and child centred learning.
• Achievements of Right to Education Act,2009 2/4

32. • RTE Act - successfully managed to increase enrolment in upper primary level
(Class 6-8).
• Stricter infrastructure norms resulted in improved school infrastructure,
especially in rural areas.
• More than 3.3 million students secured admission under 25% quota norm under
RTE.
• Made education inclusive and accessible nationwide.
• Removal of “no detention policy” has brought accountability in the elementary
education system.
• Government has also launched an integrated scheme, for school education
named as Samagra Shiksha Abhiyan, which subsumes the three schemes of
school education:
Sarva Shiksha Abhiyan (SSA)
Rashtriya Madhyamik Shiksha Abhiyan (RMSA)
Centrally Sponsored Scheme on Teacher Education (CSSTE)

33. Limitation of Right to Education Act, 2009
• Age group for which Right to Education is available ranges from 6 – 14 years of age
only, which can be made more inclusive and encompassing by expanding it to 0 – 18
years.
• No focus on quality of learning, as shown by multiple ASER reports, thus RTE Act
appears to be mostly input oriented.
• Five States namely Goa, Manipur, Mizoram, Sikkim and Telangana have not even
issued notification regarding 25% seats for underprivileged children of society under
the RTE. …………….check now the status……….. HW
• More focus is being given over statistics of RTE rather than quality of learning.
• Lack of teachers affect pupil-teacher ratio mandated by RTE which in turn affects the
quality of teaching .
• Steps to Be Taken Minority Religious Schools need to be brought under the RTE.
• Quality of education needs to be emphasized over quantity of education.
• Steps should be taken to make the teaching profession attractive.

34. • Society as a whole needs to be supportive of education for children without
biases.
• Way Forward It has been ten years since the implementation of RTE Act, but it
can be seen that it still has a long way to go to be called successful in its
purpose.
• Creation of a conducive atmosphere and supply of resources would pave the
way for a better future for individuals 3/4 as well as the nation as a whole.
• No detention Policy The no-detention policy was introduced as a part of the
Continuous and Comprehensive Evaluation (CCE) under the Right to Education
Act (RTE) in 2010.
• Under this policy, students up to Class 8 are automatically promoted to the
next class without being held back even if they do not get a passing grade.
• The policy was to ensure that no child admitted in a school shall be held back in
any class or expelled from school until the completion of elementary education.
• But, recently it has been removed by RTE Amendment Act, 2019.

35. References :
1. https://vikaspedia.in/education/parents-corner/guidelines-for-parents-of-
children-with-disabilities/legal-rights-of-the-disabled-in-
india#:~:text=Education%20Law%20for%20the%20Disabled,-
The%20right%20to&text=Article%2045%20of%20the%20Constitution,the%2
0age%20of%2014%20years.
2. https://www.drishtiias.com/pdf/1596178736-right-to-education.pdf

36. If you all…….Want to know more …………..
• READ THIS
• https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5419007/#:~:text=In
%20the%20RPWD%20Act%2C%202016,chronic%20neurological%20d
isorders%20such%20as
• Just Go THROUGH ‘
PWD Act 1995
RPWD Act 2016
NT Act 1999
IEDC-IEDSS