Children with Disabilities: Unfulfilled Right to Inclusive Education

Children with Disabilities: Unfulfilled Right to Inclusive Education

Author: Sanya Singh
I Year | Institute of Law, Nirma University, Ahmedabad

Introduction:

The Indian education system has long neglected the needs of differently-abled children. Whether it is infrastructural support or creating an inclusive classroom environment, the schools have found themselves ill-equipped for differently abled children.

Inclusive education aims to dismantle barriers, placing all students, including children with disabilities, in shared classrooms with adaptable learning methods, accessible curriculums, and suitable facilities. This approach ensures every child thrives in a welcoming environment. It’s not just about removing obstacles; inclusive education cultivates understanding, dismantles prejudice, and strengthens social integration for all. Furthermore, it empowers students with disabilities to become economically and socially contributing members of society.

However, achieving this requires a systemic overhaul. Education authorities need to invest in legislative and policy reform, alongside a restructuring of schools, financing, administration, and educational delivery. Success depends on a three-pronged approach: supporting teachers, providing student resources, and fostering a culture of inclusion. Regular monitoring serves as the feedback loop, ensuring continuous improvement for all students.

What The Numbers Say:

Data from the 76th National Sample Survey (2018) paints a stark picture: nearly half of disabled people in India are illiterate, and regular school attendance remains abysmal for this demographic. Only 62.9% of disabled youth aged 3-35 have ever attended a regular school, with a mere 4.1% of those not enrolled receiving any special education. Progression beyond primary school is rare, with a mere 9% completing higher secondary education.

The 2011 Census further highlights the issue, estimating that 28% of India’s 2.13 million disabled children are entirely out of school. These statistics expose a clear disparity: children with disabilities face significant barriers to entry and completion of education, fueled by a combination of limited access and misinformed societal attitudes.

The Promise of Inclusive Education for Children with Disabilities:

India’s legislative framework for inclusive education remains fragmented. Several inconsistencies persist despite enshrining education as a fundamental right for all children in 2002, and the subsequent Right to Education Act (RTE) guaranteeing free and compulsory elementary education.

The 2016 Rights of Persons with Disabilities Act (RPWD) introduced the term “inclusive education” with legal weight, mandating government action to ensure it. However, the RPWD Act clashes with the earlier RTE Act. The RTE Act, predating the revised disability framework, perpetuates an “integration” model – forcing students to adapt to existing systems – unlike the RPWD Act’s emphasis on “inclusion,” which demands systemic changes to meet individual needs. [1]This dissonance creates a contradictory and non-uniform legislative landscape hindering the effective implementation of inclusive education.

Gaps Within the Promise: Obstacles to Inclusive Education

Infrastructural Challenges for Children with Disabilities

While legislative efforts promise inclusive education for children with disabilities (CWDs), crucial gaps remain. These gaps manifest in the absence of clear definitions for “barrier-free access” and a lack of specific implementation guidelines. State-level rules fail to consider essential features like accessible entrances, signage, and outdoor access while addressing rudimentary needs like ramps and toilets. Furthermore, the funding for maintaining this infrastructure remains unclear, placing the burden of accessibility on individual initiatives. This results in a fragmented system with incomplete solutions, uneven implementation, and a stark disparity between rural and urban areas. National data underscores this disparity: only 62% of schools have ramps, and merely 22% boast accessible toilets. Schools struggle with a lack of necessary resources. This is due to the high cost of assistive technology and infrastructure, and limited government funding.

Curriculum and Pedagogical Challenges

Despite policies promoting inclusive education, significant institutional obstacles remain. Inaccessible curriculums particularly for students with intellectual disabilities, leave educators and students struggling to gauge progress. The examination-heavy system clashes with the needs of CWDs who may require a focus on functional skills. This absence of specialized assessments leaves both educators and students in the dark about learning progress.

Large class sizes and limited resources further strain the system. Teachers face challenges meeting diverse learning needs without adequate training and assistive technology. Additionally, the specialization of special educators often focuses on a single disability, making it challenging to handle students with multiple needs within the same class.

The current system, relying on “resource teachers” who may segregate students and hinder opportunities for interaction, falls short of true inclusive education. The proposed solution of deploying special educators itinerantly across schools raises concerns about limited time with each student and the ability to create personalized learning plans. Additionally, the lack of a framework for co-teaching alongside regular classroom teachers creates uncertainty about true classroom inclusion.

Inadequate teacher training, coupled with the challenges faced by special educators, further hinders progress. Societal stigma and a lack of understanding among parents and teachers create additional barriers. A critical shortage of special educators and insufficient funding cripple schools’ ability to implement effective inclusive education.[2]

Recommendations of the UNESCO Report:

India’s education system requires a multi-pronged approach. Legislative reform must harmonize the RTE Act with the RPWD Act, ensuring CWDs’ specific needs are addressed. A dedicated body within the MHRD is needed to streamline existing CWD education programs. Education budgets must be revamped to target CWD needs directly with sufficient funding. Robust data collection systems are crucial for effective planning and monitoring.

Empowering schools through stakeholder involvement is essential for creating supportive environments. Expanding the use of technology can significantly enhance learning experiences and accessibility for CWDs. Ultimately, equity is the goal: every child deserves a fair shot at education. Transforming teaching practices and fostering true classroom inclusion are paramount. It is vital to fight stereotypes and cultivate positive attitudes toward CWDs, in schools and communities. Strong partnerships between government, civil society, the private sector, and local communities are key to building a robust support system for CWDs in education, paving the way for a more inclusive future.[3]

Conclusion:

Childhood is a crucial stage that demands proper and equal opportunities to ensure a positive life trajectory. In India, the education of children with disabilities is hampered by the scarcity of targeted policies and programs. Effective solutions require the cooperation of parents, caregivers, teachers, school authorities, and local government departments.

A comprehensive, participatory approach is essential to create an enabling environment, involving awareness programs, training for educators, and technical training for local authorities. Additionally, infrastructure should be designed on: equitability, usability, affordability, cultural adaptability, and aesthetic appeal. [4]Achieving this approach will make overcoming accessibility barriers in schools an uphill yet achievable battle.


[1] Gulyani, R. (2017). Educational Policies in India with Special Reference to Children with Disabilities. Indian Anthropologist47(2), 35–51. https://www.jstor.org/stable/26494030

[2] Rao, P., Shrivastava, S., & Sarkar, T. (2020, April). Towards an Inclusive Education Framework for India – Vidhi … VIDHI LEGAL POLICY. https://vidhilegalpolicy.in/wp-content/uploads/2020/05/InclusiveEducationReport_final_28April_0527PM-1.pdf

[3] UNESCO New Delhi launches 2019 State of the Education Report for India focusing on children with disabilities. UNESCO.org. (2019, July 3). https://www.unesco.org/en/articles/unesco-new-delhi-launches-2019-state-education-report-india-focusing-children-disabilities

[4] Panda, H. B. & A. (2023, January 26). Developing schools without barriers. The Hindu. https://www.thehindu.com/opinion/op-ed/developing-schools-without-barriers/article66427806.ece

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