Dear friends,

I think, it is time that we create strong campaign to bring the
children with disabilities and persons with disabilities in the
proposed education bill, otherwise whatever we do will remain without
achieving the inclusion model.

May I therefore request you to please forward the message to as many
of the people as possible, who are known to you and who are social
activists and concerned with the inclusion and empowerment of the
persons with disabilities.

Best regards,

Dev Kumar,

Why is the Right to Education Bill not right?

Left out again – aren’t disabled children in India worth educating?

Parent of children with disabilities and persons with disabilities
across the State are shocked to see that there is no mention of
children with disabilities and their right to an equal education in
the “The Right of Children to Free and Compulsory Education Bill”

The Bill is expected to come up in the current Lok Sabha, in the next
couple of days. We believe it is critical to postpone the tabling of
the Bill since it has not given adequate thought to aspects of
inclusive education.

Does Education for All mean disabled children too?

There are 20 million disabled children in India and less than 2% of
them are in school. Is this really the hallmark of a progressive
modern nation? Most children with disabilities are living in poverty –
in rural areas or urban slums. Education is a way out of poverty for
the ordinary people. Here is a chance to do it.

Four simple changes to the Bill could put this right:

-       Add a definition of children with disabilities in the Bill, separate
from and additional to the definition of children from disadvantaged
and weaker sections of society
-       Make sure that this definition of children with disabilities
includes children with autism, cerebral palsy, mental retardation and
multiple disabilities
-       Include facilities that children with disabilities might need –
ramps, toilets, audio tapes, and pictures for deaf children etc.
-       Well trained teachers who can include every child in the class

What we need is a short pause to get it Right! Use this window to ask
those who know - a consultation with parents of children with
disabilities, young people with disabilities, disability activists and
teachers.

India is proud to have been one of the first to ratify the UN
Convention on the Rights of Persons with Disability. So let us bring
the meaning and spirit to the above said Convention.

----------------------------------------------------------------------------------------------------------------------

The detail

Our concerns about the bill are:

1.      There is no inclusion of children with a disability in the section
defining children (Chapter 1, 2d & 2e of the Bill). The Bill defines
children belonging to disadvantaged groups and weaker sections, but
does not mention children with disability. This raises the following
issues:
       It violates the principle of equality enshrined in the Indian
Constitution and in International Human Rights law including the
United Nations Convention on the Rights of the Child and the UN
Convention on Rights of Persons with Disabilities, to both of which
India is a signatory
       By not including children with a disability in section 2d 'child
belonging to a disadvantaged group', the Bill contradicts the
definition of the child within the Juvenile Justice Act which includes
children with disabilities.

2.      Chapter 2 section 3 (2) of the Right of Children to Free and
Compulsory Education Bill, 2008 states that: “Provided that a child
suffering from disability, as defined in clause (i) of section 2 of
the Persons with Disabilities (Equal Opportunities, Protection and
Full Participation) Act, 1996 shall have the right to pursue free and
compulsory elementary education in accordance with the provisions of
Chapter V of the said Act.’. This raises the following issue:

       Not all children with a disability officially recognized by India
are covered under the Persons with Disabilities Act, 1996. In its
present form, the Bill leaves out children with disabilities covered
under The National Trust Act for the Welfare of Persons with Autism,
Cerebral Palsy, Mental Retardation and Multiple Disabilities, 1999.

3.      While the Bill has detailed the norms required of a school
(teacher-pupil ratio, buildings etc), it is silent on the facilities
needed to enable children with disabilities to attend school (such as
ramps, accessible toilets, well lit rooms, audio tapes, etc). Training
for teachers to work imaginatively with children with a range of
disabilities.

We believe that inclusive education is the basic human right of all
Indian children.

On behalf of concerned constituents disabled and non disabled
Bengaluru
3rd August 2009

------

Kavitha Krishnamoorthy
Kilikili
K 544 Sena Vihar, Kammanahalli Main Road,
Kalyan Nagar Post, Bangalore 560043
Cell: 98807 42028
kavi...@kilikili.org
www.kilikili.org

C. Mahesh
Advocacy Coordinator
CBR Forum
14, CK Garden, St. Thomas Town Post
Wheeler Road Extension
Bangalore - 560 084
Tel - 080- 2549 7387 or 2549 7388
Cell: 94490 36329
advocacy.cbrfo...@gmail.com
www.cbrforum.in

-- 
Dev Nandan Kumar
MDRA 2008-10
National Institute for the Mentally Handicapped
Manovikas Nagar,
Secunderabad- 500 009, India

Contact No- +91 9336 39 6969/ 9618 05 1601



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