Disability advocates in India say new education law leaves out 20 million children

From the Economic Times in the India:

NEW DELHI, India -- The Right of Children to Free and Compulsory Education Bill, 2009, which is being considered by the Lok Sabha, has invited protest from
disability activists. They are of the view that the bill leaves out 20 million differently-abled children out of its ambit.

The human resource development (HRD) ministry, however, maintains that these charges are not accurate. “The bill does include children suffering from disability within its ambit. It clearly provides that children with disability will have the right to free and compulsory education in accordance with the provisions of the Persons with Disabilities Act, 1991,” HRD minister Kapil Sibal said.

The disability activists’ appeal for a delay in passage of the legislation may not be completely without merit. The Bill does not take into account the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. This Act deals with severe mental retardation and goes beyond the scope of the Disabilities Act.

The government could introduce an amendment to the bill after due consultation with those who work and research on issues relating to the education of children with severe mental disabilities. However, the government is unwilling to put the passage of the bill on hold. Sources said that the ministry may provide a higher outlay for home-based education, which many children with severe disabilities require.

Interestingly, given that this Bill has been in the making for the last seven years, it is surprising that the disability groups did not make a concerted effort to draw attention to their issues earlier.

The activists met HRD minister Kapil Sibal and requested that the Bill be presented at a later day. They want the government to delay and add provisions that will ensure inclusive education to the 20 million disabled children of the country. While there appears to be an oversight on part of both the government and the disability activists, one thing is certain that serious consultations will be required to consider issues of inclusion and home schooling. None of this can be done in a hurry.