End #Edpartheid response to worrying Supreme Court observation
Vaishnavi Jayakumar
We need to move quickly - the next hearing is 27 November 2017.
More later, till then please follow campaign developments and links at bit.ly/end-edpartheid
-----
24-Oct-2017 - Supreme Court to UP govt: Why can't children with special needs have separate schools
After hearing of a PIL, filed through advocate Prashant Shukla, claiming lack of sufficient number of special educators in Uttar Pradesh (UP) to teach children with special needs (CWSN), the Supreme Court (SC) has asked the UP government why separate schools cannot be set up for them.
Moreover, a bench headed by Chief Justice Dipak Misra asked the state government how children with special needs (CWSN) can be taught with kids who are not disabled.
Further, Justices A M Khanwilkar and D Y Chandrachud, raised
the query after the Centre and the state government said that under the new
integrated education scheme, CWSN were being taught along with kids who do not
suffer from any disability.
Frame guidelines for children with special needs:
During the hearing, SC also asked Centre why some guidelines cannot be framed for the education of such children across the country.
Here's what MHRD said:
Along with Ministry of Human Resource Development (MHRD), the UP government said that CWSN were being taught under the integrated scheme to ensure they don't feel isolated.
Furthermore, both MHRD and state government said that teaching CWSN along with children without disability would boost the confidence of those disabled and stop their alienation from the normal environment in schools.
About the petition:
The petition, by 17 teachers who claim to have undertaken the training required to teach CWSN, has contended that to make Right to Education a success, it is necessary that qualified special educators are there in each school so that disabled kids can be prepared to face the challenges of life.
Number of teachers required to teach these kids:
As reported by TOI, the court also asked the state to give details of how many teachers with special training had been recruited to teach children with special needs.
The bench said, "We are of the view that children with
special needs have to be imparted education not only by specially trained
teachers but also in special schools as they cannot be integrated into normal
schools."
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Supreme Court suggests separate schools for children with disabilities: Observation violates laws on equality; hampers inclusive education
29 Oct 2017
Kangkan Acharyya
Should all students with special needs be admitted to special schools? Shouldn't they have the right to get an education in general schools like other children? A recent Supreme Court observation related to the education of disabled children have raised these questions among child rights activist and academicians.
In the observation, the apex court said, “We are of the prima
facie view that the children with special needs have to be imparted education
not only by special teachers but there have to be special schools for them.”
The court added, "It is impossible to think that the children who are disabled or suffer from any kind of disability or who are mentally challenged can be included in the mainstream schools for getting an education.”
The observation made by the Supreme Court of India has
attracted criticism as activists and academicians view it as not only contrary
to the principles of imparting effective and inclusive education, but also to
the existing law on educating special children.
The apex court made this observation while hearing a case
related to the appointment of special teachers in schools under the Uttar
Pradesh government.
"After the hearing of a PIL, filed through advocate
Prashant Shukla, claiming lack of a sufficient number of special educators in
Uttar Pradesh to teach children with special needs, the Supreme Court has asked
the state government why separate schools cannot be set up for them," reported India Today.
“I think this is one of the rare cases where the Supreme Court
has got the law wrong,” said Ashok Agarwal a Supreme Court lawyer and a child
rights activist.
He said that no law in India provides for segregation of
children as per their abilities and disabilities, but calls for inclusive
education and equal opportunity.
“The Rights of Persons With Disabilities Act provides for augmenting the present educational infrastructure so as to enable inclusive education to one and all, irrespective of the difference in their abilities,” he said.
The act, he informs, makes it mandatory for the schools and the governments to train teachers to facilitate teaching for students with special needs. Section 16 of the Chapter Three of the act clearly mentions, "The appropriate government and the local authorities shall endeavour that all educational institutions funded or recognised by them provide inclusive education to children with disabilities.”
Agarwal maintained that providing children with disabilities
with other students can be made beneficial for both the group of pupils.
Explaining these benefits, Sudesh Mukhopadhyay, a professor at
the National University of Education Planning and Administration, said,
"It has been proven in a study that when students with special needs study
in the same environment with other children, that benefits the other group of
students too. For, multi-sensory teaching methods enhance the quality of
learning."
She, however, presents a supplementary view that merely letting
a child with special needs sit in a class along with other students does not
help any group of students. In such cases, students with special needs lag
behind in learning.
Agarwal also admits that there is a gulf between what it should
be and what it really is, in environments in many schools in terms of teaching
students with special needs.
“I have met some students with special needs who themselves
subscribe to the idea that they should be taught in special schools because
they are made fun of by other students in their class," he said.
Experts also complain that many schools do not even attempt at
creating an environment enabling enough for students with special needs.
“Why can’t a school house a wheelchair? Why can’t a school have
bathrooms accessible for everyone?” asks Radhika Alkazi, a disability rights
activist.
As per a study on disabled persons in India conducted
by the Government of India in 2016, 27 percent of disabled students in the age
group of five to 19 years of age never attended schools, 61 percent were
attending schools and 12 percent attended earlier.
A United Nations report published in 2015 said that 9.9 lakh
children with disabilities were out of school.
"But then it is the responsibility of the school to create and maintain an environment for all kinds of students by providing them physical, moral, intellectual and emotional support in order to ensure learning,” Agarwal asserted.
The Rights of Persons with Disability Act provides that
educational institutes should provide necessary support individualised or
otherwise in environments that maximise academic and social development
consistent with the goal of full inclusion.
Creating a separate school for special children would also mean
depriving them of the benefits they are entitled to under the Right To
Education Act, say, experts.
“As per the Right to Education Act, 25 percent of the seats in
private schools should be reserved for poor and disadvantaged groups. If all
the children with special needs are to study in a special school then how will
they enjoy this benefit?” asks Agarwal.
Alkazi added,"If this the view we are going to take on the
education of special children at a time when the nation is moving towards full
inclusion, we are going to lose this struggle."
Supreme Court
8 March 2016
http://sci.gov.in/jonew/courtnic/rop/2016/6641/rop_838241.pdf
In this writ petition, the petitioners, apart from other reliefs, have prayed for the following reliefs:-
“(a) Issue a writ, order or direction in the nature of mandamus, commanding the respondents to ensure the free and compulsory education to each and every CWSN (Child with Special Need)/Disabled Children as per the Rules, Regulation and Schemes stated above by initiating the process of appointment of Special Teachers as per the Teacher-Pupil ratio i.e. 1:5; and/or,
(b) Issue a writ, order or direction in the nature of mandamus, commanding the respondents to reserve and create, at least two posts or minimum number of posts in each and every schools of the Country/State, as this Hon'ble Court may deem fit in the interest of complete justice for CWSN (Child with Special Need/Disabled Children.”
3 April 2017
http://sci.gov.in/jonew/courtnic/rop/2016/6641/rop_914055.pdf
Mr. K. Parameshwar, learned counsel appearing for the petitioners submits that barring the name of the petitioner No.1, Rajneesh Kumar Pandey, name of all the petitioners may be deleted from the Cause Title, for he intends to restrict the prayer for providing Special Teachers for the disabled children.
14 July 2017
http://sci.gov.in/supremecourt/2016/6641/6641_2016_Order_14-Jul-2017.pdf
UPON hearing the counsel the Court made the following
ORDER
Mr. D.K. Singh, learned Additional Advocate General for the State of Uttar Pradesh prays for four weeks time to file the counter affidavit.
At this juncture, Mr. K. Parameshwar, learned counsel appearing for the petitioners submitted that it is the obligation of the State to conduct a survey with regard to the children with special needs. As we are granting time to the State to file the counter affidavit, it shall carry out the survey with regard to the children with special needs as far as practicable and put forth the same as a part of the counter affidavit. To explicate, if the State is not in a position to do it for the entire State, at least it may do for one of the Commissionerate to start with.
Let the matter be listed on 21.8.2017.
21 August 2017
http://sci.gov.in/supremecourt/2016/6641/6641_2016_Order_21-Aug-2017.pdf
It is submitted by the learned counsel for the respondent that to impart training to the children with special needs, the State is taking steps to recruit teachers with diploma in special education who are eligible to teach the specially abled children.
Needless to say, filling up the posts of teachers is one aspect. There are other aspects which are to be taken care of.
Learned counsel for the State shall keep in view the order dated 14.7.2017 which mentions with regard to the children with special needs and their requirements.
Keeping that in view, a further affidavit be filed by the Secretary of the concerned Department within three weeks hence.
18 September 2017
http://sci.gov.in/supremecourt/2016/6641/6641_2016_Order_18-Sep-2017.pdf
It is submitted by Mr.D.K.Singh, learned Additional Advocate General for the State of U.P. that teachers in certain schools meant for children with special needs and in certain normal schools where the children of that category can come with the mainstream have not been appointed.
In the course of hearing it is submitted that the selection process for more than 1200 teachers is in progress and need for additional schools where children with special needs and the teachers for the said schools and also for normal school children can fit into the mainstream is a categorical imperative. The Secretary, Primary Education, shall file an affidavit in this regard within two weeks hence. The affidavit to be brought on record shall indicate the nature of advertisement issued for appointment and also the list of appointees, if any.
23 October 2017
http://sci.gov.in/supremecourt/2016/6641/6641_2016_Order_23-Oct-2017.pdf
It is submitted by Ms.Aishwarya Bhati, learned Additional Advocate General for the State of Uttar Pradesh that the State is committed to impart education to the children with special needs. On the previous occasion, a statement was made that the State had already commenced the procedure for engaging 12,000 teachers out of which some shall be the teachers for children with special needs.
Having heard Mr.K.Parameshwar, learned counsel for the petitioner and Ms.Aishwarya Bhati, learned Additional Advocate General for the State of Uttar Pradesh, we are of the prima facie view that the children with special needs have to be imparted education not only by special teachers but there has to be special schools for them. Access to education has already been regarded as a Fundamental Right as per Article 21A of the Constitution. There is a statutory obligation under the Rights of Children to Free and Compulsory Education Act, 2009.
It is impossible to think that the children who are disabled or suffer from any kind of disability or who are mentally challenged can be included in the mainstream schools for getting education. When we say `disability', we do not mean `disability' as has been defined in the Rights of Persons with Disabilities Act, 2016. The Rights of Persons with Disabilities Act, 2016 includes certain physical disabilities which may not be a warrant for getting admission in special schools. The students who suffer from blindness, deafness and autism or such types of disorder may be required to have separate schools with distinctly trained teachers.
The State shall file an affidavit keeping our observations in view within four weeks. Needless to say that the affidavit shall also mention when the State is going to meet this obligation.
List on 27.11.2017.
http://sci.gov.in/supremecourt/2016/6641/6641_2016_Order_23-Oct-2017.pdf
K Raghuraman
learned unbiased institution which is suppose to protect, uphold and
bring in equal opportunity and reasonable accommodation to the
deprived and marginalized
this has to be fought out severely and soon we should see a sensible
inclusive Society
is there any room or role that we could play with reference to this case
regards
raghu
On 13/11/2017, Vaishnavi Jayakumar <jayakumar...@gmail.com> wrote:
> *We need to move quickly - the next hearing is 27 November 2017. *
>
> *More later, till then please follow campaign developments and links at
> bit.ly/end-edpartheid <http://bit.ly/end-edpartheid>*
>
> -----
>
> *24-Oct-2017 - Supreme Court to UP govt: Why can't children with special
> needs have separate schools*
> Should all students with special needs be admitted to special schools?
> Shouldn't they have the right to get an education in general schools like
> other children? A recent Supreme Court observation related to the education
> of disabled children have raised these questions among child rights
> activist and academicians.
>
> In the observation, the apex court said, “We are of the prima facie view
> that the children with special needs have to be imparted education not only
> by special teachers but there have to be special schools for them.”
>
> The court added, "It is impossible to think that the children who are
> disabled or suffer from any kind of disability or who are mentally
> challenged can be included in the mainstream schools for getting an
> education.”
>
> The observation made by the Supreme Court of India has attracted criticism
> as activists and academicians view it as not only contrary to the
> principles of imparting effective and inclusive education, but also to the
> existing law on educating special children.
>
> The apex court made this observation while hearing a case related to the
> appointment of special teachers in schools under the Uttar Pradesh
> government.
>
> "After the hearing of a PIL, filed through advocate Prashant Shukla,
> claiming lack of a sufficient number of special educators in Uttar Pradesh
> to teach children with special needs, the Supreme Court has asked the state
> government why separate schools cannot be set up for them," reported
> students in the age group of five to 19 years of age never attended
> schools, 61 percent were attending schools and 12 percent attended earlier.
>
> A United Nations report
> school.
>
> "But then it is the responsibility of the school to create and maintain an
> environment for all kinds of students by providing them physical, moral,
> intellectual and emotional support in order to ensure learning,” Agarwal
> asserted.
>
> The Rights of Persons with Disability Act provides that educational
> institutes should provide necessary support individualised or otherwise in
> environments that maximise academic and social development consistent with
> the goal of full inclusion.
>
> Creating a separate school for special children would also mean depriving
> them of the benefits they are entitled to under the Right To Education Act,
> say, experts.
>
> “As per the Right to Education Act, 25 percent of the seats in private
> schools should be reserved for poor and disadvantaged groups. If all the
> children with special needs are to study in a special school then how will
> they enjoy this benefit?” asks Agarwal.
>
> Alkazi added,"If this the view we are going to take on the education of
> special children at a time when the nation is moving towards full
> inclusion, we are going to lose this struggle."
>
> firstpost.com/india/supreme-court-suggests-separate-schools-for-children-with-disabilities-observation-violates-laws-on-equality-hampers-inclusive-education-4182655.html
>
>
> ------------------------------
>
>
> 8 March 2016
>
>
> http://sci.gov.in/jonew/courtnic/rop/2016/6641/rop_838241.pdf
>
>
>
> In this writ petition, the petitioners, apart from other reliefs, have
> prayed for the following reliefs:-
>
>
>
> “(a) Issue a writ, order or direction in the nature of mandamus, commanding
> the respondents to ensure the free and compulsory education to each and
> every CWSN (Child with Special Need)/Disabled Children as per the Rules,
> Regulation and Schemes stated above by initiating the process of
> appointment of Special Teachers as per the Teacher-Pupil ratio i.e. 1:5;
> and/or,
>
>
>
> (b) Issue a writ, order or direction in the nature of mandamus, commanding
> the respondents to reserve and create, at least two posts or minimum number
> of posts in each and every schools of the Country/State, as this Hon'ble
> Court may deem fit in the interest of complete justice for CWSN (Child with
> Special Need/Disabled Children.”
>
>
>
> http://sci.gov.in/jonew/courtnic/rop/2016/6641/rop_914055.pdf
>
>
>
> Mr. K. Parameshwar, learned counsel appearing for the petitioners submits
> to restrict the prayer for providing Special Teachers for the disabled
>
>
> ------------------------------
>
> http://sci.gov.in/supremecourt/2016/6641/6641_2016_Order_14-Jul-2017.pdf
>
>
>
> UPON hearing the counsel the Court made the following
>
> ORDER
>
>
>
> Mr. D.K. Singh, learned Additional Advocate General for the State of Uttar
> Pradesh prays for four weeks time to file the counter affidavit.
>
>
>
> At this juncture, Mr. K. Parameshwar, learned counsel appearing for the
> petitioners submitted that it is the obligation of the State to conduct a
> survey with regard to the children with special needs. As we are granting
> survey with regard to the children with special needs* as far as
> explicate, if the State is not in a position to do it for the entire State,
> at least it may do for one of the Commissionerate to start with.
>
>
>
>
>
> ------------------------------
> It is submitted by the learned counsel for the respondent that *to impart
> recruit teachers with diploma in special education who are eligible to
>
>
> Needless to say, filling up the posts of teachers is one aspect. There are
> other aspects which are to be taken care of.
>
>
>
>
>
> Keeping that in view, a further affidavit be filed by the Secretary of the
> concerned Department within three weeks hence.
>
>
>
> http://sci.gov.in/supremecourt/2016/6641/6641_2016_Order_18-Sep-2017.pdf
>
>
>
>
>
> It is submitted by Mr.D.K.Singh, learned Additional Advocate General for
>
>
> In the course of hearing it is submitted that the selection process for
> also for normal school children can fit into the mainstream is a
> categorical imperative. The Secretary, Primary Education, shall file an
> affidavit in this regard within two weeks hence. The affidavit to be
> brought on record shall indicate the nature of advertisement issued for
> appointment and also the list of appointees, if any.
>
> http://sci.gov.in/supremecourt/2016/6641/6641_2016_Order_23-Oct-2017.pdf
>
>
>
> It is submitted by Ms.Aishwarya Bhati, learned Additional Advocate General
> for the State of Uttar Pradesh that the State is committed to impart
> engaging 12,000 teachers out of which some shall be the teachers for
>
>
> Having heard Mr.K.Parameshwar, learned counsel for the petitioner and
> Ms.Aishwarya Bhati, learned Additional Advocate General for the State of
> Constitution. There is a statutory obligation under the Rights of Children
>
>
>
> *It is impossible to think that the children who are disabled or suffer
> in the mainstream schools for getting education. When we say `disability',
> we do not mean `disability' as has been defined in the Rights of Persons
> with Disabilities Act, 2016. The Rights of Persons with Disabilities Act,
> 2016 includes certain physical disabilities which may not be a warrant for
> getting admission in special schools. The students who suffer from
> blindness, deafness and autism or such types of disorder may be required to
>
>
> The State shall file an affidavit keeping our observations in view within
> weeks*. Needless to say that the affidavit shall also mention *when* the
>
>
>
>
> http://sci.gov.in/supremecourt/2016/6641/6641_2016_Order_23-Oct-2017.pdf
>
> http://about.me/vjayakumar
>
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best regards
raghu