Background
India's commitment to fostering inclusive education for disabled persons is underscored by various legislative and policy measures, including the Rights of Persons with Disabilities Act, 2016, which replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Despite these legislative advancements, disparities in access to quality education persist, reflecting broader societal attitudes and systemic inadequacies that hinder the full realization of educational rights for PWDs.

Statement of the Problem
The disparity in educational opportunities for disabled persons in India raises critical questions regarding the efficacy of existing legal provisions, the adequacy of infrastructure and support services, and the prevalence of societal attitudes that secure exclusion. Addressing these issues is vital not only to fulfill India's obligations under international human rights instruments but also to nurture a more inclusive and equitable society.

Objectives
This paper aims to:

1. Examine the legal framework governing educational rights for PWDs in India, analyzing its strengths, limitations, and areas for improvement.
2. Assess the practical implementation of policies and initiatives to promote inclusive education, identifying barriers and best practices.
3. Propose recommendations for enhancing the inclusivity of India's educational system and advancing the rights of PWDs in the realm of education.

The Right to Education: A Fundamental Disability Right

Right to Education
"Education is the manifestation of perfection that is already in man" - Swamy Vivekananda

Education is both a human right in itself and an indispensable means of realizing other human rights. As an empowerment right, education is the primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities. Both individuals and society benefit from the right to education. It is fundamental for human, social, and economic development and a key element to achieving lasting peace and sustainable development. It is a powerful tool for developing the full potential of everyone ensuring human dignity, and in promoting individual and collective well-being.[1]

Education accessibility is the fundamental right for every human being. It is the definitive kick-off to foster mental culpableness, logical thinking, and intellectual progression, shaping a person into enlightenment. It is vitally necessary for understanding additional fundamental rights appropriate for human beings. The quality of life can only be improved through education, as it has the capacity to influence people to pick their career sagaciously. Thereby, it stimulates their ability to volunteer and participate in socio-political activities in society. Education is the only remaining source by which every person, including physically vulnerable persons, can uplift themselves from poverty.

The Right to Education is present in International law under Article 26 of the Universal declaration of Human Rights and under article 13 and 14 of the international covenant on economic, social and cultural rights. More than 135 countries have a constitutional provision which provides for free and non-discriminatory education for all.[2]

The United Nations included the achievement of free universal primary education for all, regardless of gender, in the Millennium Development Goals in 2000. Later, in its Sustainable Development Goals, the UN included ensuring inclusive and equitable quality education and promoting lifelong learning opportunities for all.[3]

Right to education in India

Education is given much importance in India. But in the ancient period right to education was given only to upper-caste people. Highest three Castes like Brahmans, Kshatriyas, and Vaishyas were entitled to realize knowledge. The Sudras who were among the subjugated classes were kept away from the privileges of studying the Holy Scriptures and hence they were not entitled to gain knowledge. Education during the Vedic period was therefore known for its lack of social inclusiveness.

Up until the 19th century, education was mostly considered a privilege confined only to persons at the higher end of the caste and class spectrum. Two contributing factors for such exclusion were knowledge of religious content and the elite medium of instruction. People from the lower castes were denied admission into Gurukulas or Ashrams.

But, later, During the commencement of the Buddhist Era, the principle related to religious thought, based on the analysis of actual life problems, became popular. The main objectives of the education system during this era were physical growth for good health, the growth of knowledge, education about social behavior, and education related to Buddhist religious thought processes.

The British introduced the Western Education policy in our country. During the British period, science and literature showed a good progression because of the English medium. During this Period the first ever policy for education development came up in India

When the Constituent Assembly adopted the Indian Constitution in 1950, the Right to education was included in Directive Principles of state policies[4]. Later, through 42nd Amendment, education becomes a concurrent subject giving power to both central and state governments to deal with the matter.

The first case that declared a right to education under the Indian Constitution was Mohini Jain v. State of Karnataka[5]. Mohini Jain, a non-Karnataka student, applied for admission to a private medical college in Karnataka. Her admission was conditioned on payment of a "capitation fee" - a fee based on the number of persons to whom a service is provided, rather than the actual cost of providing a service, on those who wanted to enter a private medical school and were not admitted to the "government seats".

Government seats were reserved for Karnataka residents and Scheduled Tribes, Scheduled Castes, and other Backward Classes. Ms. Jain challenged the constitutionality of this capitation fee before a Division Bench of the Supreme Court. She argued, inter alia, that the Constitution confers a fundamental right to education and that this fee violates Article 14's guarantee of the right to equality as it is arbitrary, unfair, and unjust. Relying on Article 21 and several DPSPs (including Article 45), the Division Bench held that there is a right to education under the Constitution as this right flows directly from the right to live with dignity originally recognized under Article 21 in the Francis Coralie case[6].

It therefore held that the capitation fee charged to Ms. Jain was unconstitutional under Article 14 and prohibited the state government from charging such a fee to students in private colleges.

In Unni Krishnan v. State of Andhra Pradesh[7], a Constitutional Bench of the Supreme Court re-examined the Mohini Jain judgment. The Court held that the right to education is implicit within the fundamental right to live with dignity under Article 21. The Court emphasized that the parameters of this right must be understood in the context of the DPSPs, particularly Article 45, which required the state to provide free and compulsory education to all children under fourteen years within ten years.

After the Unni Krishnan judgment, any child below the age of fourteen who was denied facilities for elemantary education could approach a Court to enforce their rights. Following the 86th Amendment of the Indian Constitution in 2002, which inserted Article 21-A to provide compulsory education for children aged 6 to 14 years, it also recognised as a Fundamental duty as per Article 51 A(l) the Right of Children to Free and Compulsory Education Bill was passed by both houses of Parliament under the governance of the UPA Government in 2009.

Disabled Persons' Rights

The legal definition of persons with disabilities includes those who have long-term physical, mental, intellectual or sensory impairments which, in conjunction with attitudinal and environmental barriers, may prevent them from fully and effectively participating in society on an equal basis to other people.[8]

Primitively, the society considered such categories of people as a burden, and one of the most respected ancient Greek philosophers, Plato, persuaded to kill such categories of people immediately after their birth, since they were redundant burdens circumscribing the welfare of society. Eventually, with time, it can be witnessed that many such people conclusively established the special abilities possessed by so-called physically vulnerable people.

They became inspiration for many and accomplished milestones when given certain facilities with reasonable care. Instances like Stephen Hawking, Anny Marry Sewell, and Helen Keller exhibited that persons with disabilities do possess the ability to bring development and prosperity to a nation if adequate opportunities are given to them, free from negligence and ill-treatment from their normal counterparts in society. This proves why the right to education is essential for persons with disabilities.

Articles 5 and 24(1) of the Convention on the Rights of Persons with Disabilities (CRPD), confirm that the right to education must be guaranteed without discrimination and on the basis of equality of opportunity.

Court also held that, free and compulsory education has to be provided to all children with disabilities up to the minimum age of 18 years.[9]

However, discrimination is taking place in different forms, both direct and indirect. Direct discrimination occurs when a person is treated less favorably based on disability, such as when a school refuses to admit students with disabilities. Indirect discrimination happens when a practice, policy, or rule that applies to everyone disadvantages or disproportionately affects people with disabilities. For instance, fixed requirements must be met to graduate from secondary school and the effect is to prevent a student with disabilities from graduating.

Children with disabilities have very low rates of initial enrolment. Even if they do attend school, children with disabilities are more likely to drop out and leave school early without transitioning to secondary school and beyond[10]. Children with disabilities are also at increased risk of school violence and bullying, preventing the safe enjoyment of their right to education[11].

Even though, the Government of India passed the Right of Children to Free and Compulsory Education Act, 2009 , there is no provision made under this Act for the person with disabilities.

In India, out of the total disabled persons 45.48 % of the disabled persons are illiterates. Right to education is synchronize with the right to employment. According to the Report of Ministry of Statistic on Person with Disabilities around 64% of the disabled persons are unemployed in India[12]

Evolution of Disabled Person's Educational Rights in India

During ancient time of India, the person with disabilities were given education in the communities in the same way as other people. Education was given to disabled persons in the mainstream schools in same manner as provided for the non-handicapped person in Gurukul.

In that period not only, the person who were capable or fit physically can become king but also equal treatment in case of education, employment etc has provided by furnishing alternative method of education for those who are physically disabled. The training of public administration, management, decision making skill, delivering justice which are important aspect of education provided to every person equally irrespective of disability in that period.[13]

In the pre-independent era, there were few special schools specifically created for persons with disabilities. It was the Christian missionaries who established these schools as charitable undertakings in the 1880s. The first school for the blind was founded in 1887, marking the beginning of numerous efforts for persons with disabilities during that time.[14] In the year 1944, the Central Advisory Board of Education (CABE) issued a report named the Sergeant Report, wherein provisions for the education of the handicapped were mandated to constitute an integral component of the national education system.

After independence, many laws were framed to protect the educational rights of disabled persons, the primary one was the report of Kothari Commission. The commission stated that education for individuals with disabilities should be an integral aspect of the education system. The National Policy on Education, 1968, advocated for free and compulsory education for all, along with proposing the expansion of educational opportunities, providing more advanced and enhanced facilities for mentally and physically handicapped children.[15]

Under the Integrated Education for Disabled Children, launched in 1974, efforts were to be made to transition children with milder disabilities from special schools to mainstream schools once they were capable of adjusting to their non-disabled peers. The Persons with Disabilities Act 1995, also aimed primarily to provide equal opportunities in all fields, promote full participation in social and political activities, and protect and uphold the rights of disabled persons. Certain features of Sarva Sikshya Abhiyan are also aims to protect disabled students by detecting disabilities at the earliest stage.

Section 3(2) of the Right to Education Act, 2009 provided for elementary education for children with disabilities. The Act also made compulsory provisions for children with multiple disabilities, granting them the right to choose home-based education after the 2012 Amendment.

The Rights of Persons with Disabilities Act, 2016, amended the old Act, the Persons with Disabilities Act, 1995, increased categories of disabilities from 7 to 21. Additionally, the Act extended reservation provisions for disabled children in higher educational institutions.

Empowering Through Inclusion: Advancing Educational Rights for Disabled Individuals

Inclusive Education
"Inclusive education happens when children with and without disabilities participate and learn together in the same classes. ... We also know that simply placing children with and without disabilities together does not produce positive outcomes. Inclusive education occurs when there is ongoing advocacy, planning, support and commitment."- L Sodak & E Erwin.

Inclusive Education is a new approach towards educating children with disability and learning difficulties with normal ones under the same roof. It advocates that special children with special needs have to be educated along with normal peers in regular classrooms. It brings all students together in one classroom and community, regardless of their strengths or weaknesses in any area, and seeks to maximize the potential of all students.[16]

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) recognizes the right of all children with disabilities, both to be included in the general education systems and to receive the individual support they require. Systemic change to remove barriers and provide reasonable accommodation and support services is essential to ensure that some children who belong to vulnerable groups are not excluded from educational opportunities that are available to all children in the neighbourhood schools.

Similarly, Goal 4 of the Sustainable Development Goals aims to ensure inclusive and equitable education for all. The Rights of Persons with Disabilities Act (RTE) 2016 also mandates the Government and local authorities to provide inclusive education by making schools more responsive to the special needs of children including accessible buildings, transportation, and suitable pedagogical and other measures.[17]

In India, Inclusive education under Right to Education Act is implemented through SSA and RMSA for all Children with Disabilities with zero rejection policy. Parents have the option of providing home-based education to children with severe disabilities but under RTE Act, this clause is not to be used as an instrument to deny admission by institutions. Inclusive education provides a universal disabled-friendly educational atmosphere.[18]

Advantages of Inclusive Education

Inclusive education opens up a plethora of opportunities, not just for students with disabilities, but for the entire educational community. It includes:

• Access to Curricula: Inclusive education ensures that students with disabilities have access to the same curricula and textbooks as their peers without disabilities. This not only promotes equity but also fosters a sense of belonging among all students.
   
• Individualized Learning: By catering to the diverse needs of students, inclusive education allows each individual, whether handicapped or gifted, to learn according to their potential and requirements. This personalized approach enhances overall student development and achievement.
   
• Equal Opportunities: Inclusive education upholds the principles of social justice and human rights by providing equal educational opportunities to all children, irrespective of their abilities or disabilities. It rejects the notion of separate education for special children, recognizing it as discriminatory and ineffective.
   
• Optimal Development: By providing appropriate support and resources, inclusive education enables special children to reach their full potential and ensures that their interests are safeguarded. This holistic approach to education fosters the holistic development of every child.
   
• Accessibility: Inclusive education advocates for the adaptation of educational facilities and programs to accommodate physically challenged students, thereby ensuring their full participation in the learning process. Additionally, it supports students with special needs in pursuing higher education by providing necessary assistance and accommodations.
   
• Success through Support: With adequate training, support, and effective strategies, children with special educational needs can thrive in mainstream educational settings. Inclusive education emphasizes the importance of creating an environment where every student can succeed.
   
• Parent and Student Involvement: Inclusive education values the input of parents and children, offering them a platform to voice their opinions and contribute to decision-making processes. This collaborative approach ensures that educational services meet the needs and preferences of the entire community.

Challenges of Inclusive Education

Inclusive education faces several challenges, particularly in addressing the needs of all children within a general classroom. It includes:

• Complexity of Meeting Diverse Needs: Inclusive education involves catering to the diverse needs of all students, including those with disabilities, within the same classroom. This complexity requires significant effort, resources, and commitment from educators and support staff. Meeting the varied learning needs of each student while maintaining an inclusive environment can be a daunting task.
   
• Attitudinal and Social Barriers: Attitudes and social perceptions towards persons with disabilities play a crucial role in the success of inclusive education. Negative attitudes, misconceptions, and stigmas surrounding disabilities can create significant barriers to inclusion. Overcoming these attitudinal and social barriers requires extensive awareness-raising efforts and a shift in societal norms towards acceptance and inclusion.
   
• Limited Understanding of Disability: A lack of understanding or misconceptions about disabilities among educators, students, and the community can impede the effective implementation of inclusive education. Without adequate knowledge and awareness about different types of disabilities and their implications for learning, educators may struggle to provide appropriate support and accommodations.
   
• Resistance to Change: Implementing inclusive education often requires significant changes to existing educational structures, practices, and policies. Resistance to change from stakeholders such as administrators, teachers, parents, and community members can hinder progress towards inclusion. Addressing resistance to change requires effective communication, collaboration, and ongoing professional development to build support for inclusive practices.
   
• Resource Constraints: Inclusive education requires adequate resources, including funding, personnel, specialized equipment, and support services, to effectively meet the diverse needs of students. However, resource constraints, such as limited funding for special education programs or a shortage of trained personnel, can pose significant challenges to the implementation of inclusive practices.
   
• Lack of Training and Support: Educators and support staff may lack the necessary training, knowledge, and skills to effectively support students with diverse learning needs in inclusive classrooms. Providing comprehensive training and ongoing professional development opportunities is essential to equip educators with the strategies and resources needed to foster inclusive learning environments.
   
• Overcoming Physical Barriers: In addition to addressing attitudinal and social barriers, inclusive education also involves overcoming physical barriers within educational settings. Ensuring accessibility and accommodation for students with physical disabilities may require modifications to facilities, transportation, and instructional materials.
   
• Individualized Support: Each student has unique learning requirements, and providing individualized support within inclusive classrooms can be challenging. Balancing the needs of all students while maintaining a supportive learning environment requires careful planning, differentiation of instruction, and collaboration among educators, support staff, and families.

Addressing these challenges requires a comprehensive approach that involves collaboration among educators, policymakers, families, and communities to create inclusive environments where all students can thrive.

Suggestions to Improve Quality of Inclusive Education in India

Improving inclusive education for disabled persons in India requires a multifaceted approach. There needs to be a comprehensive review and overhaul of infrastructure to ensure that schools and educational institutions are physically accessible to all, including those with mobility impairments. Specialized training programs should be introduced for teachers and staff to equip them with the skills and knowledge necessary to support students with diverse needs effectively.

Curriculum modifications and the provision of assistive technologies can enhance the learning experience for disabled students, enabling them to fully participate in academic activities. Besides, fostering a culture of acceptance and understanding within schools and communities is crucial to combatting stigma and discrimination. Collaborative efforts between government agencies, educational institutions, NGOs, and disability rights advocates are essential to drive systemic change and create an inclusive educational environment.

Conclusion
In conclusion, ensuring equal access to education for persons with disabilities in India is not just a matter of policy, but a fundamental human rights imperative. As we navigate the complexities of this attempt, it becomes clear that a holistic approach is necessary, one that addresses not only physical barriers but also societal attitudes and systemic challenges.

By prioritizing accessibility, providing tailored support, fostering inclusion, and fostering collaboration across sectors, we can pave the way for a more equitable educational landscape where every individual, regardless of ability, has the opportunity to learn, grow, and contribute meaningfully to society. Only through concerted efforts and unwavering commitment can we truly realize the promise of inclusive education for all in India.

End Notes:

1. https://www.right-to-education.org/page/understanding-education-right
2. S. Gupta, Education in Emerging India 1 (Shipra Publications, Delhi, 2nd edn., 2008).
3. 4th Goal in Sustainable Development Goals, 2015
4. Constitution of India, 1950, s. Article 45
5. Mohini Jain v. State of Karnataka 1992 AIR 1858
6. Frances Coralie Mullin vs W. C. Khambra & Ors 1980 SCR (2)1095
7. Unni Krishnan v. State of Andhra Pradesh 993 AIR 217
8. Convention on Rights of Persons with Disabilities, Article 1
9. Anamol Bhandari (Minor) v. Delhi Technological University, W.P.(C) No.4853 of 2012
10. GCE, "Equal Rights, Equal Opportunity Report" 4 (2014)
11. Economic and Social Council, School Violence and Bullying: Global Status Report, UN ESCOR.
12. Rucha Sharma, 'only 36% of India's 26 million persons with disabilities are employed' (forbesindia.com/article/news-by-numbers/news-by-numbers-only36-of-indias-26-million-persons-with-disabilities-are-employed) accessed 02 May 2024.
13. Martand Jha, 'Indian Mythology has a Problem with Disability' (WIRE) accessed 2 May 2024
14. Shruti Taneja-Johansson, Nidhi Singal, 'Education of Children with Disabilities in Rural India Government Schools: A Long Road to Inclusion' International Journal of Disability, Development And Education accessed 2 May 2024
15. Dr. Baiju. K. Nath, 'Education of the Differently Abled- A Historical Overview' (RESEARCHGATE) https://www.researchgate.net/publication/303942009 accessed 03 May 2024.
16. Altaf Hossain, "Inclusive Education in India: Opportunities and Challenges" 9 International Journal of Creative Research Thoughts (2021).
17. National Council of Educational Research and Training, "Index for Inclusive Schools" 3
18. Dr Ruchi Bhargava, "Inclusive Education and Rte Act (2009): Pivotal Policies for Inculcation of Pwds" 5 Journal of Emerging Technologies and Innovative Research (JETIR) 1155 (2018).

Award Winning Article Is Written By: Mr.Ashbin Krishna K K

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