The chances of 20 million children with physical and other
disabilities to get the right to education has been jeopardised, as
the Right to Education Bill,
which was tabled in the Lok Sabha on July 30, excludes them.

Disability rights activists who went and met Human Resource
Development Minister Kapil Sibal to point out this lacuna said he was
dismissive of their appeal
to delay the Bill and incorporate disabled children. The activists are
staging an agitation from tomorrow demanding inclusion of the disabled
in the Bill,
scheduled to be passed in the Lok Sabha tomorrow.

"He bluntly told us that nothing could be done now and the Bill could
not be delayed at any cost. He also said there was no money for this,"
said Javed
Abidi of the Disability Rights Group.

The earlier draft of the Bill had made specific mention of children
with disabilities. The Bill tabled in the Lok Sabha has erased those
references, activists
say.

The Bill does talk of children covered by the Disability Act of 1995.
Thus, excluding children with mental and learning disabilities covered
by the National
Trust Act. Chapter 2 of the Bill states, "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.'' The implications
of this are that:children with disabilities are excluded from the
Right to Education
Act, an Act that really should cover all children, says Abidi.

Where the new Bill defines ''school'', it does not mention special
schools or other infrastructure required for teaching students with
disabilities.

Says Abidi: "This Bill must be stopped or a grave injustice would be
done to millions of children with disabilities." At present, just two
per cent of such
children get education, the disability groups say.

Mithu Alur, chairman of the Spastics Society of India, said Sibal has
justified the exclusion of the disabled by saying there was no money
for them. But
that is not true, as the Eleventh Plan has set aside three per cent of
the budget of every ministry for the disabled. There is a disconnect
between the
intentions of the government and what the education minister is saying.

Activists said there were feelers from the government that it might
come out with a notification later and amend the Bill but it had to be
passed on Monday
and cannot be delayed.

Activists said these go to prove that the disabled are low priority
for the government.

Whereas, India was the one of the first countries to ratify the UN
Convention on Rights of Persons with Disabilities, in October 2007,
which says "State
parties shall ensure that persons with disabilities are not excluded
from the general education system on the basis of disability and that
children with
disabilities are not excluded from free and compulsory primary
education or from secondary education on the basis of disability."

(03-Aug-09)

Business Standard
thanks,
with regards,
mukesh jain.

-- 
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