Hi everyone, Not great news so far on the separate school case.
Some of us attempted an impleadment in WP C 132/2016, but were turned down orally by Supreme Court judges who did not even receive the written submission. This case seems to have taken an inexplicable trajectory in not only ignoring current disability legislation priorities but rejecting the spirit of the RTE as well. Media has reported of the submissions of the ministry of HRD on the necessity to include and not isolate, but the court seems to have forged on nevertheless. With the 'impossible to think' statement on a case that was initiated to fill vacancies for special educators, it is no longer clear whether the Court intends to order the provision of Government-run special schools to provide choice or whether it intends to limit the choice of students to some disabilities only to separate schools. Yes, there are reservations within the sector on ideals vs ground reality, inclusive vs special schools. However given the alarming recent developments there is cause to worry that however well-intended, we may be going backwards as far as 'social distance' is concerned. *The court's next hearing is on 4th December.* *What would the sector like to do?* The background is available at bit.ly/end-edpartheid The court records are available at bit.ly/edpartheid The blog with advocacy material is at end-edpartheid.tumblr.com *This is the statement that we feel most of us can agree on :* “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”- WP(C)No.132/16 > etc. This observation of the supreme court of India, the apex court, has taken us back by a century and a half. The observation has brushed under the carpet the efforts and hard work of the disability movement for an inclusive community that respects, protects and promotes all human rights and fundamental freedoms for all persons with disability on an equal basis with others everywhere with due respect to individual choices and preferences. *Background* The Nation has recognised education as a fundamental right under Article 21 A of the Constitution and has adopted The Right to Free and compulsory Elementary Education for all Children Act 20091. This Act applies to all children without any distinction on the grounds of human diversities or social differences. The Act has respected the choices of children with disabilities. The Rights of persons with disabilities Act 20162 has created an obligation upon the appropriate Governments to ensure quality, inclusive education for all children with disabilities under the Sections 16 & 17 of Chapter III. The Act has recognised vide section 2(h) that any distinction, restriction and exclusion on the ground of disability would amount to discrimination. The objective of the Act is to implement UNCRPD3 in our country. UNCRPD obligates the state to ensure inclusive education for all children with disabilities on an equal basis with others with due consideration to the Deaf culture vide its Article 24 and promotes Equality and Non-Discrimination, Accessibility, Equality of Opportunity and respect for evolving capacity of children with disabilities as the general principles vide Article 3 of the Convention. *What do we want as persons with disabilities?* - We want our choices and preferences to be recognised, respected and protected. - We want to be recognised as equal players in the community. - We want that our full and effective participation everywhere is ensured. - We do not want to be discriminated on the grounds of disability. - *We *want full accessibility not just physical infrastructure but also to information and communication, products and services and personal mobility. - We want a range of options so that education becomes a reality for all of us. - We do not want our education to be a welfare issue but a Human Resource Development issue. - We do not want to be isolated and segregated - We do not want to be removed from our communities. *Our **call * Please do not think or make decisions for us. We want to be included on an equal basis with others with our choices and preferences intact. We make a call to ensure equal enjoyment of this fundamental right to education with the right to equality of opportunities and non-discrimination as its principles. ----------------------------------- 1 http://www.mhrd.gov.in/rte 2 http://ccdisabilities.nic.in/page.php?s=reg&t=def&p=RPwDAct 3 https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html -- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. ------------- Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA [email protected] Discussions on mental health law / policy / plan monitoring / human rights etc [email protected] India-specific news and views related to mental health [email protected] Information and support to carers of people with mental health issues [email protected] Mutual support and sharing of experiential knowledge, skills and social learning amongst peers --- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. 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