Delhi HC Asks Centre On Right To Education For Children With Disabilities

The Delhi High Court bench of acting Chief Justice Gita Mittal and Justice C Hari Shankar issued notice to the centre and the Ministry of Social Justice and Empowerment, asking them to file a response within four weeks and listed the matter on March 6 next year.

The High court has sought the centre's response on a plea seeking to ensure the Right to Education for children with disabilities.

Filed by Vidhi Centre for Legal Policy, the plea said India, having ratified the United Nation Convention on Rights of Persons with Disabilities, was under an obligation to make 'inclusive education' effective in all schools in the country.

Inclusive education is a system of education wherein students, with or without disability, learn together and the system of teaching and learning is suitably adapted.

The petition has alleged that non-inclusion of norms and standards specific to children with disabilities in the Right to Education (RTE) Act results in a situation where schools, which are required to obtain recognition under the Act, are under no obligation to ensure that such facilities are provided by them to the children with disabilities.

The right to education of children with disabilities makes it the government's obligation to ensure that schools provide the requisite facilities to meet the learning needs of different types of students with disabilities.

The petition sought to issue directions to the centre to introduce norms and standards of inclusive education within the extent of the RTE Act. It also sought to ensure that the requirements of inclusive education are met by all schools and enforced in case of non-compliance.

The principle of inclusive education was adopted in 2006 by the United Nations under the United Nation Convention on Rights of Persons with Disabilities. India had ratified it in 2007.

Article 24 of the UN Convention provides that State parties will ensure the provision of an inclusive education system at all levels for realising the right to education and on the basis of equal opportunity.

Rajguru Tandon

BW Reporters The author is a correspondent with BW Businessworld with keen interest in HR and employee welfare.