2.1 International Declarations: Universal Declaration of Human Rights (1948), World Declaration for Education for All (1990)

Universal Declaration of Human Rights (1948)

On 10 December 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. The Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.” The Universal Declaration of Human Rights is the cornerstone for modern day human rights within the framework of the United Nations. 

Article 1: We are all born free. We all have our own thoughts and ideas and we should all be treated the same way.

Article 2: The rights in the UDHR belong to everyone, no matter who we are, where we’re from, or whatever we believe.

Article 3: We all have the right to life, and to live in freedom and safety.

Article 4: No one should be held as a slave, and no one has the right to treat anyone else as their slave.

Article 5: No one has the right to inflict torture, or to subject anyone else to cruel or inhuman treatment.

Article 6: We should all have the same level of legal protection whoever we are, and wherever in the world we are.

Article 7: The law is the same for everyone, and must treat us all equally.

Article 8: We should all have the right to legal support if we are treated unfairly.

Article 9: Nobody should be arrested, put in prison, or sent away from our country unless there is good reason to do so.

Article 10: Everyone accused of a crime has the right to a fair and public trial, and those that try us should be independent and not influenced by others.

Article 11: Everyone accused of a crime has the right to be considered innocent until they have fairly been proven to be guilty.

Article 12: Nobody has the right to enter our home, open our mail, or intrude on our families without good reason. We also have the right to be protected if someone tries to unfairly damage our reputation.

Article 13: We all have the right to move freely within our country, and to visit and leave other countries when we wish.

Article 14: If we are at risk of harm we have the right to go to another country to seek protection.

Article 15: We all have the right to be a citizen of a country and nobody should prevent us, without good reason, from being a citizen of another country if we wish.

Article 16: We should have the right to marry and have a family as soon as we’re legally old enough. Our ethnicity, nationality and religion should not stop us from being able to do this. Men and women have the same rights when they are married and also when they’re separated. We should never be forced to marry. The government has a responsibility to protect us and our family.

Article 17: Everyone has the right to own property, and no one has the right to take this away from us without a fair reason.

Article 18: Everyone has the freedom to think or believe what they want, including the right to religious belief. We have the right to change our beliefs or religion at any time, and the right to publicly or privately practise our chosen religion, alone or with others.

Article 19: Everyone has the right to their own opinions, and to be able to express them freely. We should have the right to share our ideas with who we want, and in whichever way we choose.

Article 20: We should all have the right to form groups and organise peaceful meetings. Nobody should be forced to belong to a group if they don’t want to.

Article 21: We all have the right to take part in our country’s political affairs either by freely choosing politicians to represent us, or by belonging to the government ourselves. Governments should be voted for by the public on a regular basis, and every person’s individual vote should be secret. Every individual vote should be worth the same.

Article 22: The society we live in should help every person develop to their best ability through access to work, involvement in cultural activity, and the right to social welfare. Every person in society should have the freedom to develop their personality with the support of the resources available in that country.

Article 23: We all have the right to employment, to be free to choose our work, and to be paid a fair salary that allows us to live and support our family. Everyone who does the same work should have the right to equal pay, without discrimination. We have the right to come together and form trade union groups to defend our interests as workers.

Article 24: Everyone has the right to rest and leisure time. There should be limits on working hours, and people should be able to take holidays with pay.

Article 25: We all have the right to enough food, clothing, housing and healthcare for ourselves and our families. We should have access to support if we are out of work, ill, elderly, disabled, widowed, or can’t earn a living for reasons outside of our control. An expectant mother and her baby should both receive extra care and support. All children should have the same rights when they are born.

Article 26: Everyone has the right to education. Primary schooling should be free. We should all be able to continue our studies as far as we wish. At school we should be helped to develop our talents, and be taught an understanding and respect for everyone’s human rights. We should also be taught to get on with others whatever their ethnicity, religion, or country they come from. Our parents have the right to choose what kind of school we go to.

Article 27: We all have the right to get involved in our community’s arts, music, literature and sciences, and the benefits they bring. If we are an artist, a musician, a writer or a scientist, our works should be protected and we should be able to benefit from them.

Article 28: We all have the right to live in a peaceful and orderly society so that these rights and freedoms can be protected, and these rights can be enjoyed in all other countries around the world.

Article 29: We have duties to the community we live in that should allow us to develop as fully as possible. The law should guarantee human rights and should allow everyone to enjoy the same mutual respect.

Article 30: No government, group or individual should act in a way that would destroy the rights and freedoms of the Universal Declaration of Human Rights.

 

World Declaration on Education for All (UNESCO, 1990)

The World Conference on Education for All held at Jomtien, Thailand in March 1990 adopted the historical documents of World Declaration Education for All and Framework for Action to Meet Basic Learning Needs which have proved useful guides for governments, international organizations, educators and development professionals in designing and carrying out policies and strategies to improve basic education services. Through the texts of the documents, the world community renewed its commitment to ensuring the rights of all people to education and knowledge.

The Consultative Group on Early Childhood Care and Development (CGECCD,1993: 1-2) believed that there were two unique things about the declaration:

The breadth of its definitions of what is needed to make education available to all.

In addition to calling for universal access to schooling for all children, the declaration reaffirms that "every person—child, youth and adult—[should] be able to benefit from educational opportunities designed to meet their basic learning needs." These include "both essential learning tools, such as literacy, oral expression, numeracy and problem solving, and the basic learning content (knowledge, skills, values and attitudes) required by human beings to be able to survive, to develop their full capacities, to live and work in dignity, to participate fully in development, to improve the quality of their lives, to make informed decisions, and to continue learning."

The declaration reflects its grounding in the realities of people's diverse needs by affirming that:"the scope of basic learning needs and how they should be met varies with individual countries and cultures, and inevitably changes with the passage of time.1" It also affirms the importance of early learning, by stating that "learning begins at birth. This calls for early childhood care and initial education. These can be provided through arrangements involving families, communities, or institutional programs, as appropriate.2 "

Its focus on action to formulate specific plans and policies based on the Framework for Action.

As part of the action initiative, the Consultative Group Secretariat and most of the CGsponsoring members have played an active role in promoting EFA-inspired policies and projects supporting young children, and their families and communities (CGECCD,1993: 1-2).

The conference concluded that educational opportunities were limited, basic education was limited to literacy and numeracy, and certain marginalized groups were excluded from education altogether. An expanded vision was needed to achieve EFA by 2000. The Jomtien Declaration highlighted the need to universalize education and promote equity by ensuring that girls, women and other under-served groups gain access to education.

 

2.2 International Conventions: Convention against Discrimination (1960), Convention on Rights of a Child (1989), United Nations Convention of Rights of Persons with Disabilities (UNCRPD) (2006)

Convention against Discrimination (1960)

The Convention reaffirms that education is not a luxury, but a fundamental human right. It highlights States' obligations to ensure free and compulsory education, bans any form of discrimination and promotes equality of educational opportunity. The treaty comprehensively covers the right to education and is the only one entirely dedicated to it. The Convention is recognized as a cornerstone of the Education 2030 Agenda and a powerful tool to advance inclusive and equitable quality education for all. 

States that have ratified the Convention are under the obligation to implement the right to education as it is elaborated in the text including, among other provisions, the obligation of the state to provide free and compulsory education.

The main provisions of the treaty include:

The Convention also ensures:

Convention on the Rights of the Child (UN, 1989)

The Convention on the Rights of the Child (CRC) recognizes the human rights of all children, including those with disabilities. It contains a specific article recognizing and promoting the rights of children with disabilities. The CRC is the first binding instrument in international law to deal comprehensively with the human rights of children, and is notable for the inclusion of an article specifically concerned with the rights of children with disabilities. The implementation of the CRC is monitored and promoted at the international level by the Committee on the Rights of the Child.

The CRC identifies four general principles that provide the foundation for the realization of all other rights:

·        Non-discrimination (Article 2);

·        The best interests of the child (Article 3);

·        Survival and development (Article 6);

·        Respect for the views of the child (Article 12).

Article 2 is arguably the most important article for making inclusive education a reality as it emphasizes the principle of non-discrimination.

States parties shall respect and ensure the rights set forth in the present Convention to each child...without discrimination of any kind, to all children, irrespective of race, color, sex, disability, birth or other status.

The child‘s right to education is enshrined in human rights treaties, including articles 28 and 29 of the CRC. Article 28 of the CRC refers to the obligations of States parties and recognizes the rights to education for all children. It reinforces the right of all children to education-irrespective of impairment and disability-and require that this should be provided on the basis of equality of opportunity. It includes:

All children have the right to a primary education, which should be free For children to benefit from education; schools must be run in an orderly way – without the use of violence. Any form of school discipline should take into account the child's human dignity. Therefore, governments must ensure that school administrators review their discipline policies and eliminate any discipline practices involving physical or mental violence, abuse or neglect. The Convention places a high value on education.

In terms of Article 23, it discusses that children who have any kind of disability have the right to special care and support, as well as all the rights in the Convention, so that they can live full and independent lives.

States parties recognize the right of the disabled children to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance…appropriate to the child‘s condition….

Here, it talks about special care, so it could be interpreted to mean some form of segregation. And the article also emphasizes that a child with mental or physical disabilities is entitled to enjoy a full and decent life, in conditions that ensure dignity, promote self-reliance and facilitate the child‘s active participation in the community:

In addition, article 30 stipulates that children‘s education should develop each child‘s personality, talents and abilities to the fullest. It should encourage children to respect others, human rights and their own and other cultures. It reflects the inclusive culture to some extent.

Convention on the Rights of Persons with Disabilities (UN, 2006)

In November 2001, the General Assembly of the United Nations adopted a resution to establish an ad hoc committee to consider proposals for a Convention on the Rights of Persons with Disabilities (CRPD). The proposed convention aimed to give status, authority and visibility to disability as a human rights issue in a way that would have been impossible to achieve by any other means. After that, at its concluding session in August 2006, the committee adopted the draft of the proposed convention, which was subsequently adopted by the UN General Assembly on 13 December 2006, and became open for signature by Member States from 30 March 2007. States, as well as regional integration organizations, become parties to the Convention and to its Optional Protocol either by signing and ratifying the instrumentsor by acceding to them. Signature conveys the intention to take steps towards ratification at the international level, in the prospect of compliance with the respective provisions. More than 80 Member States and many NGOs took part in the signing ceremony and the subsequent dialogue on implementation. As of 15 August 2007, 101 countries had signed the Convention, and 4 countries-Croatia, Hungary, Jamaica and Panama – had ratified it. For entry into force, it is necessary that the Convention receive 20 ratifications.

CRPD and its Optional Protocol were adopted in December 2006 at the United Nations Headquarters in New York.

It is the first comprehensive human rights treaty in 21st century. There were 82 signatories to the Convention, 44 signatories to the Optional Protocol. China is not an exception; it signed the Convention1 on March 30, 2007, and ratified it on August 1, 2008,2 effective in China on August 31, 2008.

The Convention is a human rights instrument with an explicit social development dimension. It adopts abroad categorization of persons with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms. It clarifies and describes how all categories of rights apply to persons with disabilities and identifies areas where adaptations have to be made for persons with disabilities to effectively exercise their rights and areas where the protection of their rightsmust be reinforced.

 

The General Principles of the Convention (article 3) are fundamental to all articles of the Convention and to its implementation by member States. They are as follows:

•Respect for the inherent dignity, individual autonomy including the freedom to make one‘s own choices, and independence of persons.

•Non-discrimination.

•Full and effective participation and inclusion in society.

•Respect for difference of persons with disabilities as part of human diversity and humanity.

•Equality of opportunity.

•Accessibility.

•Equality between men and women.

•Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

The article of the Convention with particular implications for children on education is article 24. It reflects a clear commitment to the principle of inclusive education as a goal. It also addresses the specific needs of children with severe and complex sensory impairments for access to specific supports. States Parties shall enable persons with disabilities to learn life and social development skills to facilitate their full and equal participation in education and as members of the community. To this end, States Parties shall take appropriate measures, including:

•Facilitating the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring;

•Facilitating the learning of sign language and the promotion of the linguistic identity of the deaf community;

•Ensuring that the education of persons, and in particular children, who are blind, deaf or deafblind, is delivered in the most appropriate languages and modes and means of communication for the individual, and in environments which maximize academic and social development.

In Article 24, states are to ensure equal access to primary and secondary education, vocational training, adult education and lifelong learning. Education is to employ the appropriate materials, techniques and forms of communication. Pupils with support needs are to receive support measures, and pupils who are blind, deaf and deafblind are to receive their education in the most appropriate modes of communication from teachers who are fluent in sign language and Braille. Education of persons with disabilities must foster their participation in society, their sense of dignity and self worth and the development of their personality, abilities and creativity.

2.3 International Frameworks: Salamanca Framework (1994), Biwako Millennium Framework of Action (2002)

Salamanca Statement and Framework for Action (UNESCO, 1994)

In   1994,   UNESCO   held   ―World   Conference   on   Special   Needs   Education‖   in Salamanca, Spain, and passed Salamanca Statement, which, for the first time, put forward the definition of ―Inclusive Education‖ formally, and called on all countries to implement inclusive education.

It was the first international recognition that in order to meet the needs of students with special needs. It is now 20 years since the Salamanca Statement has adopted it is arguably the most significant international document that has ever appeared in special education. The Salamanca Statement on Principles, Policy and Practice in Special Needs Education (UNESCO, 1994) provides a framework for thinking about how to move policy and practice forward. Indeed, this Statement, and the accompanying Framework for Action, is arguably the most signifi cant international document that has ever appeared in special education.It argues that regular schools with an inclusive orientation are:

―regular schools with this inclusive orientation are the most effective means of combating discriminatory attitudes, creating welcoming communities, building an inclusive society and achieving education for all; moreover, they provide an effective education to the majority of children and improve the efficiency and ultimately the cost-effectiveness of the entire education system (Article 2).

It also calls on governments:

To give the highest policy and budgetary priority to improve their education systems to enable them to include all children regardless of individual differences or difficulties,

To adopt as a matter of law or policy the principle of inclusive education, enrolling all children in regular schools, unless there are compelling reasons for doing otherwise (Article 3).

Salamanca statement has been helpful in encouraging some practitioners and policy makers to look at educational difficulties in new ways. This new direction in thinking is based on the belief that changes in methodology and organization made in response to studentswith SEN can, under certain conditions, benefit all children.

Biwako Millennium Framework of Action (2002)

In October 2002, Governments at the High-level Intergovernmental Meeting to Conclude the Asian and Pacific Decade of Disabled Persons 1993-2002, adopted the “Biwako Millennium Framework for Action towards an Inclusive, Barrier-free and Rights-based Society for Persons with Disabilities in Asia and the Pacific” as the regional policy guideline for the new decade.

The “Biwako Millennium Framework” outlines issues, action plans and strategies towards an inclusive, barrier free and rights-based society for persons with disabilities.

To achieve the goal, the framework identifies seven priority areas for action, in which critical issues, targets with specific timeframe and actions are specified. In all, 21 targets and 17 strategies supporting the achievement of all the targets are identified.

The new decade (2003-2012) will ensure the paradigm shift from a charity-based approach to a rights-based approach to protect the civil, cultural, economic, political and social rights of persons with disabilities.

To pursue the targets and strategies, consultations with and involvement of civil societies, inter alia, self-help organisations and concerned NGOs are essential.

The following summarises the seven priority areas for action, the targets, strategies, timeframe and supporting/monitoring mechanisms.

 

·        Self-help organisations of persons with disabilities and related family and parent associations.

·        Women with disabilities.

·        Early detection, early intervention and education.

·        Training and employment, including self employment.

·        Access to built environment and public transport.

·        Access to information and communications, including information, communication and assertive technologies.

·        Poverty alleviation through social security and livelihood programmes.

·        Highlights of item (5) : Access to built environment and public transport.

2.4 National Commissions & Policies: Kothari Commission (1964), National Education Policy (1968), National Policy on Education (1986), Revised National Policy of Education (1992), National Curricular Framework (2005), National Policy For Persons With Disabilities (2006)

Kothari Commission or Education Commission (1964) was set up by the Government of India on 14 July 1964 under the chairmanship of Daulat Singh Kothari, then chairman of the University Grants Commission. The Commission's aimed at examining all aspects of the educational sector across the country. Among other objectives behind setting up of this Commission also included evolution of a general pattern of education. The commission, under the chairmanship of D. S. Kothari, was the sixth commission in India post independence and the first commission with comprehensive terms of reference on education. The Commission had submitted its Report on 29 June 1966; its recommendations were accommodated in India's first National Policy on Education in 1968. 

The recommendations are: 

·        Education and National Objectives,

·        Equalisation of Educational Opportunity

·        Educational Structure

·        Curricular Improvement

·        Improvement in the Methods of Teaching

·        Quality of Text Book

·        Teacher Education

·        Status of Teachers 

National Education Policy (1968)

 

The National Policy on Education, 1986 (NPE, 1986), and the Programme of Action (1992) stresses the need for integrating children with disability with other groups. The objective to be achieved as stated in the NPE, 1986 is “to integrate the physically and mentally handicapped with general community as equal partners, to prepare them for normal growth and to enable them to face life with courage and confidence”.

Objectives of the National Policy of Education of 1986 and Programme of Action, 1992

The main objective of the National Policy of Education of 1986 and Programme of Action, 1992 was to establish a national system of education implies that all students irrespective of caste; creed, sex, and religion have access to education of a comparable quality. Actually, the objectives of this policy had been divided into the several aspects.

1.           In relation to Elementary Education, followings are the major objectives of National Policy of Education 1986 are mainly:

·        Universal access and enrolment

·        Universal retention of children up to 14 years of age and 

·        A sustainable improvement in the quality education to enable all children to achieve essential levels of learning.

2.     Regarding Secondary Education, National Policy of Education stressed on the improvement of the quality of secondary education. Effort to be made to provide computer literacy in as many secondary level institutions to make the students equipped with necessary computer skills.

3.     Regarding higher education, National Policy of Education and Programme of Action of 1986 and 1992 emphasized that higher education should provide to the people with an opportunity to reflect on the critical social, economic, cultural, moral and spiritual issues.

4.     Thus, the basic objectives of the National Policy of Education of 1986 and Programme of Action of 1992 emphasized that education must play a positive and interventionist role in correcting social and regional imbalance, empowering women, and in securing rightful place for the disadvantaged and the minorities. Government should take a strong determination and commitment to provide education for all, the priority areas being free and compulsory education, covering children with special needs, eradication of illiteracy, education for women’s equality and special focus on the education of S.C. s (Scheduled caste) and S.T. s(Scheduled tribes) and Minorities.

5.     The educational policy as highlighted in the N.P.E. also emphasized on enhancing and promoting the vocationalisation of education, adult education, education for the mentally and physically challenged persons, non-formal education, open universities and distance learning, rural university, early childhood care and education. Delinking degrees from job was also one of the basic objectives of National Policy of Education of 1986.

National  curriculum  framework 2005

Etymologically, the word 'curriculum' is derived from a Latin word 'curare' which means the 'race course' or a 'run way' which one takes to reach a goal. Thus a curriculum is the instructional program through which the pupils achieve their goals.
The curriculum is meant to reflect the pattern of life "a carefully selected pattern". As Dewey has said " It is not a list of subjects but an entire range of activities and experiences-balanced, simplified and purified."
A curriculum framework is an organized plan or set of standards or learning outcomes that defines the content to be learned in terms of clear, definable standards of what the student should know and be able to do.

Curriculum development is needed for the appropriate selection and organization of learning experiences in the form of subject matter and the other activities for their needed acquisition on the part of learners. It also helps in providing suggestion to the educational planners and administrators to make adequate arrangement of the men-material resources and teaching-learning environment for the proper implementation of curriculum.

The National Curriculum Framework depicts a vision of what is desirable for the children. It wishes to help those who are involved with the children and their schooling with the bases on which they can make choices that determine the curriculum. The present curriculum Framework encompasses all the stages of school education from pre-primary to higher secondary. The National Curriculum Framework (2005) takes into account both positive and negative developments in the field. It endeavours to address the future needs of school education at the turn of the century.

Five Principles of NCF 2005:
1. Linkage of knowledge to life outside the school.
2. Making sure that learning is shifted away from note methods.
3. Enriching the curriculum to provide for overall development of children instead of making them textbook centric.
4. Making examinations more flexible and integrated into classroom life.
5. Nurturing an over-riding identity made known by caring concerns within the democratic polity of the country.

Aims of NCF 2005:
1. Building a cohesive society based on pillars of relevance, equality and excellence.
2. Universalizing elementary education and linkage education with life skills.
3. Recognizing the interface between cognition, emotion and action.
4. Empowering teachers for curriculum development and implementation.
5. Respect for human dignity and rights.
6. Independence of thought and action.
7. Sensitivity to others well-being and feelings.
8. Development of reasoning and understanding.
9. Development secularism.
10. Concern for others well-being.
11. Integration indigenous knowledge.
12. Recognizing India’s contribution to world civilizations.
13. Making uses of culture specific pedagogy.
14. Commitment to democracy.

Curricular areas, school stages and Assessment

1. Recommends significant changes in Maths, Natural Sciences, Social Sciences
2. Overall view to reduce stress, make education more relevant, meaningful

School and Classroom environment

§  Critical pre-requisites for improved performance – minimum infrastructure and material facilities and support for planning a flexible daily schedule

§  Focus on nurturing an enabling environment

§  Revisits tradition notions of discipline

§  Discuss needs for providing space to parents and community

§  Discuss other learning sites and resources like Texts and Books, Libraries and laboratories and media and ICT

§  Addresses the need for plurality of material and Teacher autonomy/professional independence to use such material.

 Systemic Reforms

1. Covers needs for academic planning for monitoring quality
2. Teacher education should focus on developing professional identity of the Teacher
3. Examination reforms to reduce psychological stress particularly on children in class X and XII


Curriculum for Children With Special Need:

In order to meet the diversity, there is a need to develop an inclusive curriculum. NCF 2005 also emphasizes the need of inclusive curriculum keeping in view the diversity of learners. An inclusive curriculum aims to provide quality education that will enable all children to learn effectively and participate equally in class. It also provides to children the dignity and confidence to learn. As per the NCF 2005, assessment of functional ability of learners calls for broad-based curriculum to accommodate diversity of teaching approaches and use of TLMs in a given class room. The guiding principle of school curriculum should be based on the theme of RTE Act 2009 to include and retain all children in school. The curriculum being developed by the States must be inclusive as envisioned in NCF 2005. States should also assure that the same curriculum be followed for children with and without special needs  
           
 While we begin to comprehend and incorporate some of the understandings needed to include a student with impairments in the classroom, it is important to realise the significance of the curriculum to classroom practices. Creating an inclusive culture in classroom will involve attending to the curriculum, which includes the components of a course of study. These consist of the syllabus, textbooks and needed teaching learning materials, teaching strategies/processes and assessment and evaluation processes. In discussing the efforts in curricular development and reform, the National Curriculum Framework (NCF) 2005 underscores the significance of making curriculum “an inclusive and meaningful experience for children” stating “this requires a fundamental change in how we think of learners and the process of learning”.
Attending to curriculum to define the classroom culture and the approach to the teaching-learning processes is thus a significant aspect of fostering inclusivity in the work with students.

 

National Policy For Persons with Disabilities, 2006

The Government of India formulated the National Policy for Persons with Disabilities in February 2006 which deals with Physical, Educational & Economic Rehabilitation of persons with disabilities. In addition the policy also focuses upon rehabilitation of women and children with disabilities, barrier free environment, social security, research etc.

The National Policy recognizes that Persons with Disabilities are valuable human resource for the country and seeks to create an environment that provides them equal opportunities, protection of their rights and full participation in society.

The focus of the policy is on the following

Prevention of Disabilities - Since disability, in a large number of cases, is preventable, the policy lays a strong emphasis on prevention of disabilities. It calls for programme for prevention of diseases, which result in disability and the creation of awareness regarding measures to be taken for prevention of disabilities during the period of pregnancy and thereafter to be intensified and their coverage expanded.

Rehabilitation Measures - Rehabilitation measures can be classified into three distinct groups:

1.     Physical rehabilitation, which includes early detection and intervention, counseling & medical interventions and provision of aids & appliances. It will also include the development of rehabilitation professionals.

2.     Educational rehabilitation including vocational education and

3.     Economic rehabilitation for a dignified life in society.

Women with disabilities - Women with disabilities require protection against exploitation and abuse. Special programmes will be developed for education, employment and providing of other rehabilitation services to women with disabilities keeping in view their special needs. Special educational and vocation training facilities will be setup. Programmes will be undertaken to rehabilitate abandoned disabled women/ girls by encouraging their adoption in families, support to house them and impart them training for gainful employment skills. The Government will encourage the projects where representation of women with disabilities is ensured at least to the extent of twenty five percent of total beneficiaries.

Children with Disabilities - Children with disabilities are the most vulnerable group and need special attention. The Government would strive to: -

o    Ensure right to care, protection and security for children with disabilities;

o    Ensure the right to development with dignity and equality creating an enabling environment where children can exercise their rights, enjoy equal opportunities and full participation in accordance with various statutes.

o    Ensure inclusion and effective access to education, health, vocational training along with specialized rehabilitation services to children with disabilities.

o    Ensure the right to development as well as recognition of special needs and of care, and protection of children with severe disabilities.

Barrier-free environment - Barrier-free environment enables people with disabilities to move about safely and freely, and use the facilities within the built environment. The goal of barrier free design is to provide an environment that supports the independent functioning of individuals so that they can participate without assistance, in every day activities. Therefore, to the maximum extent possible, buildings / places / transportation systems for public use will be made barrier free.

Issue of Disability Certificates - The Government of India has notified guidelines for evaluation of the disabilities and procedure for certification. The Government will ensure that the persons with disabilities obtain the disability certificates without any difficulty in the shortest possible time by adoption of simple, transparent and client-friendly procedures.

Social Security - Disabled persons, their families and care givers incur substantial additional expenditure for facilitating activities of daily living, medical care, transportation, assistive devices, etc. Therefore, there is a need to provide them social security by various means. Central Government has been providing tax relief to persons with disabilities and their guardians. The State Governments / U.T. Administrations have been providing unemployment allowance or disability pension. The State Governments will be encouraged to develop a comprehensive social security policy for persons with disabilities.

Promotion of Non-Governmental Organizations (NGOs) - The National Policy recognizes the NGO sector as a very important institutional mechanism to provide affordable services to complement the endeavors of the Government. The NGO sector is a vibrant and growing one. It has played a significant role in the provisions of services for persons with disabilities. Some of the NGOs are also undertaking human resource development and research activities. Government has also been actively involving them in policy formulation, planning, implementation, monitoring and has been seeking their advice on various issues relating to persons with disabilities. Interaction with NGOs will be enhanced on various disability issues regarding planning, policy formulation and implementation. Networking, exchange of information and sharing of good practices amongst NGOs will be encouraged and facilitated. Steps will be taken to encourage and accord preference to NGOs working in the underserved and inaccessible areas. Reputed NGOs shall also be encouraged to take up projects in such areas.

Collection of regular information on Persons with Disabilities - There is a need for regular collection, compilation and analysis of data relating to socio-economic conditions of persons with disabilities. The National Sample Survey Organization has been collecting information on Socio-economic conditions of persons with disabilities on regular basis once in ten years since 1981. The Census has also started collection of information on persons with disabilities from the Census-2001. The National Sample Survey Organization will have to collect the information on persons with disabilities at least once in five years. The differences in the definitions adopted by the two agencies will be reconciled.

Research - For improving the quality of life of persons with disabilities, research will be supported on their socio-economic and cultural context, cause of disabilities, early childhood education methodologies, development of user-friendly aids and appliances and all matters connected with disabilities which will significantly alter the quality of their life and civil society's ability to respond to their concerns. Wherever persons with disabilities are subjected to research interventions, their or their family member or caregiver's consent is mandatory.

Sports, Recreation and Cultural life - The contribution of sports for its therapeutic and community spirit is undeniable. Persons with disabilities have right to access sports, recreation and cultural facilities. The Government will take necessary steps to provide them opportunity for participation in various sports, recreation and cultural activities.

2.5 National Acts & Programs: IEDC (1974), RCI Act (1992), PWD Act (1995), National Trust Act (1999), SSA (2000), RTE (2006), RMSA (2009), IEDSS (2013)

Integrated Education for Disabled Children (IEDC), In the 1970s, the government launched the Centrally Sponsored Scheme of IEDC. The scheme aimed to provide educational opportunities to learners with disability in regular schools and to facilitate their achievement and retention. Under the scheme, hundred per cent financial assistance is provided for setting up resource centres, surveys and assessment of children with disability, purchase and production of instruction materials and training and orientation of teachers. The scheme is currently being revised to reflect the paradigm shift towards inclusive education. The followings are some of the popular service delivery models of Integrated Education practiced in India:

 

Rehabilitation Council of India Act, 1992

This act came into being to regulate the training of rehabilitation professionals and to maintain a Central Rehabilitation Register to certify rehabilitation professionals. Thus by this act, the Rehabilitation Council of India has become the apex body to further professional development of those in the field of disability rehabilitation.

The main aims of the Rehabilitation Council of India are:

The Persons with Disabilities (Equal Opportunities, Protections of Right and Full Participation) Act, 1995 stresses the need to provide free of cost education to all children in an appropriate environment till they are 18 years old and further emphasise their right to measures like:

·        Transport facilities to students with disability or alternative financial incentives to the parents or guardians to enable their children with disability to attend schools;

·        Removal of architectural barriers from schools, colleges or other institutions imparting vocational and professional training;

·        Supply of books, uniforms and other materials to students with disability attending school;

·        Grant of scholarship to the students with disability

·        Setting up of appropriate fora for the redressal of grievances of parents regarding the placement of their children with disability;

·        Suitable modification in the examination system to eliminate purely mathematical questions for the benefit of blind students and students with low vision;

·        Restructuring of curriculum for the benefit of students with disability; and

·        Restructuring the curriculum for the benefit of students with hearing impairment to facilitate them to take only one language as part of their curriculum.

National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999

The objectives of the National Trust are:

The Sarva Shiksha Abhiyan was launched to achieve the goal of Universalisation of Elementary Education. This adopts a ZERO rejection policy and uses an approach of converging various existing schemes and programmes.

It covers the following components under education for children with disability–

·        Early detection and identification

·        Functional and formal assessment

·        Educational placement

·        Aids and appliances

·        Support services

·        Teacher training

·        Resource support

·        Individual Educational Plan (IEP)

·        Parental training and community mobilisation

·        Planning and management ¾ Strengthening of special schools

·        Removal of architectural barriers

·        Research

·        Monitoring and evaluation

·        Girls with disability.

Right To Education Act (2009 and 2012)

The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education for children between 6 and 14 in India under Article 21a of the Indian Constitution. India became one of 135 countries to make education a fundamental right of every child when the Act came into force on 1 April 2010.

The major highlights of the RTE Act are:

·        It ensures free & compulsory education to all children within the age group of 6 to 14.

·        No school fees, capitation fees, charges or expenses are to be paid by a child to get elementary education.

·        The child or his parents are not to be subjected to any screening procedure for admission to school

·        Special training provision for a child of above six years not been admitted to any school or, unable to continue studies, to bring him par with his class and to be admitted in an age appropriate class. In such cases, the child can continue beyond 14 years to complete his/her elementary education.

·        If a school does not provide facility to complete elementary education then a child of that school can take a transfer to any other government (govt.) or government-aided school.

·        Each child is also entitled to free text books, writing material and uniform.

·        The appropriate govt. which means central or state government and its affiliates have to provide a school within 1 km walking distance for children in classes I to V and within 3 kms for those in classes VI to VIII. These schools are termed as ‘neighbourhood schools’.

·        The government has the responsibility to undertake school mapping to determine the location of the school.

·        25 percent of the seats in private schools are reserved for RTE students which are funded by the government. The Centre and the State share the joint responsibility to provide funds for RTE execution.

In pursuance of the decision taken in the CABE Committee meeting held on 19.8.2016, another Sub-Committee under the Chairpersonship of Prof. Vasudev Devnani, Minister of Education, Government of Rajasthan was constituted on 26.10.2015 inter-alia, to review the feedback received from States/UTs on the ‘No-Detention’ policy.

The recommendations of the Committee are as under:

·        There should be an examination at Class 5. It should be left to the States and UTs to decide whether this exam will be at the school, block, District or State Level.

·        If a child fails then allow the child an opportunity to improve. There should be additional instruction provided to children and the child should be given an opportunity to sit for another exam. If the child is unable to pass the exam in the second chance, then detain the child.

·        At Classes 6 and 7, there should be a school based exam for students.

·        At Class 8, there should be an external exam. In case the child fails, the child should be given additional instruction and then appear for an improvement exam. If fails again then detain. The matter regarding amendment to Section 16 of the RTE Act, 2009 is under the active consideration of this Ministry.

RMSA – Rashtriya Madhyamik Shiksha Abhiyan, 2009

The successful implementation of this mission was from 2009-2010. However, it focuses to provide conditions for efficient growth, development, and equity for all students. This scheme also includes the following:

·        Multidimensional research,

·        Technical consulting,

·        Various implementations and

·        Funding support.

 

Core Purpose of RMSA

The core purpose and long term aim of Rashtriya Madhyamik Shiksha Abhiyan (RMSA) is as follows:

·        To improve the overall quality of education imparted at the secondary level. And this is possible by through making all secondary schools conform to all the norms that the authority prescribes to.

·        To remove barriers of gender, socio-economic and disability. These barriers are more like social prejudice which only interfere with the process of widening one’s mindset.

·        Further, universal access to secondary level education by 2017 (which is the XII Five Year Plan).

·        Rather ambitious goals of universal retention of students by the year 2020.

 

Inclusive Education for Disabled at Secondary Stage (IEDSS), 2009

The Scheme of Inclusive Education for Disabled at Secondary Stage (IEDSS) has been launched from the year 2009-10. This Scheme replaces the earlier scheme of Integrated Education for Disabled Children (IEDC) and provides assistance for the inclusive education of the disabled children in classes IX-XII. This scheme now subsumed under Rashtriya Madhyamik Shiksha Abhiyan (RMSA) from 2013. The States/UTs are also in the process of subsuming under RMSA as RMSA subsumed Scheme.

Aims

To enabled all students with disabilities, to pursue further four years of secondary schooling after completing eight years of elementary schooling in an inclusive and enabling environment.

Objectives

The scheme covers all children studying at the secondary stage in Government, local body and Government-aided schools, with one or more disabilities as defined under the Persons with Disabilities Act (1995) and the National Trust Act (1999) in the class IX to XII, namely blindness, low vision, leprosy cured, hearing impairment, locomotory disabilities, mental retardation, mental illness, autism, and cerebral palsy and may eventually cover speech impairment, learning disabilities, etc. Girls with the disabilities receive special focus to help them gain access to secondary schools, as also to information and guidance for developing their potential. Setting up of Model inclusive schools in every State is envisaged under the scheme.