Disability is a lack of ability which may involve physical impairment such as sensory impairment, cognitive or intellectual impairment, mental disorder (also known as psychiatric or psychosocial disability), or various types of chronic disease. A disability may occur during a person’s lifetime or may be present from birth.
Disability
may be seen as resulting directly from individuals, in which case the
focus is typically on aspects of those individuals and how they could
function better. This view is associated with what is generally termed a
medical model of disability. Alternatively, the interaction between people and their environment/society may be emphasized.
The United Nations uses a definition of disability as:
Impairment: Any loss of abnormality of psychological or anatomical structure or function.
Disability:
Any restriction or lack (resulting from an impairment) of ability to
perform an activity in the manner or within the range considered normal
for a human being.
Handicap:
A disadvantage for a given individual, resulting from an impairment or
disability, that limits or prevents the fulfillment of a role that is
normal, depending on age, sex, social and cultural factors, for that
individual. Handicap is therefore a function of the relationship between
disabled persons and their environment. It occurs when they encounter
cultural, physical or social barriers which prevent their access to the
various systems of society that are available to other citizens. Thus,
handicap is the loss or limitation of opportunities to take part in the
life of the community on an equal level with others.
Special Education in India-
Along
with other parts of the world, India too, witnessed the emergence of
Special schools for people with disabilities. The first school for the
deaf was set up in Bombay in 1883 and the first school for the blind at
Amritsar in 1887. There was rapid expansion in the number of such
institutions. Presently, there are more than 4200 Special schools
throughout India.
However,
these Special schools have certain disadvantages which became evident
as the number of these schools increased. These institutions are said to
reach out to a very limited number of children, largely urban and they
are not cost effective. But most important of all, these Special schools
segregated CWSN from the mainstream, thus developing a specific
disability culture.
Integrated Education
The
emergence of the concept of integrated education in India during the
mid 1950s was seen as a solution to these problems. Small experiments in
this area were begun by the Royal Commonwealth Society for the Blind,
and the Christopher Blind Mission. The Ministry of Education, too,
launched a comprehensive scholarship scheme in 1952 — a rudimentary
beginning of the integrated education initiative by the Government.
The
National Policy on Education (NPE), 1986 and the Programme of Action
(1992) gives the basic policy framework for education, emphasizing on
correcting the existing inequalities. It stresses on reducing dropout
rates, improving learning achievements and expanding access to students
who have not had an easy opportunity to be a part of the general
system. The NPE, 1986 envisaged some measures for integrating of
children with physical and mental handicap with the general community as
equal partners, preparing them for their normal growth and development
and enabling them to face life with courage and confidence.
India
has also been a signatory to International declarations like the
Salamanca Statement and Framework for Action on Special Needs Education
(1994) and the Biwako Millennium Framework for Action (2002) and the UN
Convention on the Rights of Persons with Disabilities, 2006 that
emphasize the need for fundamental educational policy shifts to enable
general schools to include children with disabilities.
The
Centrally Sponsored Scheme of Integrated Education for the Disabled
Children (revised 1992) is presently being implemented in States and
UTs in over 90,000 schools benefiting over 2,00,000 children with
disabilities. The scheme was introduced with a view to providing
educational opportunities for children with disabilities in general
schools, to facilitate their retention in the school system. It
provides for facilities to students with disabilities including
expenses on books and stationery, expenses on uniforms, transport
allowance, reader allowance, escort allowance, hostel accommodation and
actual cost of equipment. The scheme also supports the appointment of
special teachers, provision for resource rooms and removal of
architectural barriers in schools.
Integrated Education for Disabled Children (IEDC)
Consequent
on the success of International experiments in placing children with
disabilities in regular schools, the Planning Commission, in 1971,
included in its plan a programme for integrated education. The
Government launched the IEDC scheme in December 1974. However,
educational administrators have been slow in grasping the value of IE.
The aim of IEDC is-
- To provide educational opportunities to CWSN in regular schools,
- To facilitate their retention in the school system, and
- To place children from special schools in common schools.
The
scope of the scheme includes pre-school training, counseling for the
parents, and special training in skills for all kinds of disabilities.
The scheme provides facilities in the form of books, stationery,
uniforms, and allowances for transport, reader, escort etc.
In
spite of all these facilities, IEDC met with limited success — only a
little more than one lakh CWSN have been covered. However, it was
successful in creating awareness on the importance of integrating CWSN
in the mainstream of education, a fact noted in the National Policy on
Education — 1986.
Project Integrated Education for the Disabled (PIED)
In
1987 the Ministry of Human Resources Development, along with UNICEF
launched another experiment: Project Integrated Education for the
Disabled (PIED) with which there was a shift in strategy, from a school
based approach to a Composite Area Approach.
In
this approach, a cluster, instead of the individual school approach is
emphasized. A cluster, usually a block of population is taken as the
project area. All the schools in the area are expected to enroll
children with disabilities. Training programmes were also given to the
teachers. This project was implemented in one administrative block each
in Madhya Pradesh, Maharashtra, Nagaland, Orissa, Rajasthan, Tamil Nadu,
Haryana, Mizoram, Delhi Municipal Corporation, and Baroda Municipal
Corporation. The approach is an improvement over the special schools in
many ways and appears to be the only way towards universalizing
education of the disabled children. It is more cost effective and easier
to organize, since existing school infrastructure is to be made use of.
Under
PIED, there has been a significant increase in the number of not only
mildly disabled, but also severely disabled children, with the number of
orthopaedically handicapped children far outstripping other disabled
children. All these perform at par with non - disabled children; in fact
their retention rate is higher than that of non - disabled children and
absenteeism is low. PIED has also had a positive impact on the
attitudes of the teachers, the heads of schools, as well as parents and
the community in general. Also, the interaction between the disabled and
the non - disabled children is good.
Inclusive Education-
Another
important paradigm shift in this area was initiated with the thinking
that any difficulty that a child exhibited in learning was to be
attributed not to a problem within the child, but to the school system.
The organization and management of schools and the various programmes of
teaching and interventions could also be one of the causes of
children’s learning difficulties.
The
new whole school policy is also referred to as the social or
environmental model and rests on the theory that the child is a product
of his/her experiences and the interventions the child has with various
environments that impinge upon him/her. Thus to a great extent a child’s
growth and development depends upon this.
Inclusive Education in DPEP-
This
policy dictated the philosophy of inclusive education in DPEP.
Moreover, DPEP also addressed core issues related to curriculum such as
what factors limit the access of certain children to curriculum; what
modifications are necessary to ensure fuller curriculum access. Thus,
with its child - centered pedagogy, DPEP set a stage where children with
special needs could be provided learning opportunities tailored to
their needs.
IED
was formally added in DPEP in 1997. By 1998, many DPEP states had
conducted surveys, assessment camps and evolved strategies to provide
resource support to those children with special needs who were enrolled
in DPEP schools.
The
IED guidelines in DPEP clearly mention that, “DPEP will fund
interventions for IED of primary school going children with integrable
and mild to moderate disabilities”. Towards this end DPEP supported:
- Community mobilization and early detection
- In - service teacher training
- Provision of resource support
- Provision of educational aids and appliances
- Removal of architectural barriers
IED
was initially introduced in the states in a small way by taking one
block/cluster as a pilot project in each DPEP district. From a few
hundred blocks in 1998, IED is currently being implemented in 2014
blocks of 18 DPEP states. Ten states of Gujarat, Haryana, Himachal
Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Tamil
Nadu and Uttaranchal have upscaled the IED programme to all the blocks.
DPEP
estimates clearly showed that there were a large number of disabled
children in the relevant age group. Gradually realization dawned that
UPE could not be achieved unless children with special needs were also
brought under the ambit of primary education. This led to more concrete
planning and strategisation of providing resource support and remedial
assistance to children with special needs.
As
the programme progressed many models of service delivery evolved with
the sole aim of providing supportive learning environment to children
with special needs. The thrust was on imparting quality education to all
disabled children.
Constitutional and Legal Obligations and Policies at the International and National levels.
- UN Convention on the Rights of the Child, 1989
- UN Declaration on Education for All, 1990 (Jomtein Declaration)
- UN Standard Rules on Equalization of Opportunities for Persons with Disabilities, 1993
- The Salamanca Declaration, 1994
- Article 45 and 93rd Amendment.
- National Policy on Education, 1986-
“…Future emphasis shall be on distance and open learning
systems to provide opportunities and access to all the major target
groups, especially the disadvantaged, viz., women, scheduled castes and
scheduled tribes, the adult working class, and people serving in the far
- flung remote areas.”
- Rehabilitation
Council of India Act, 1992, Passed by Parliament in 1992- This Act
makes it mandatory for every special teacher to be registered by the
council and lays down that every child with disability had the right to
be taught by a qualified teacher. In fact it provided punishment for
those teachers who engaged in teaching children with special needs
without a license.
- Education Policy of Government of India, 1992 (Modified)
- Persons
with Disabilities (Equal Opportunities, Protection of Rights & Full
Participation) Act, 1995-A composite Act covering all aspects, it
mainly deals with education and employment.
- National
Trust Act (National Trust for the Welfare of Persons with Autism,
Cerebral Palsy, Mental Retardation and Multiple Disability), 1999
Being
landmark legislation, this trust seeks to protect and promote the
rights of persons who within the disability sector, have been even more
marginalized than others. The salient features are:
- First of its kind in the category of persons addressed
- Recognition of range of independence in Skills, Daily Living and Financial Management
- Protection - dominant, rather than autonomy - dominant
- Local Level Committee - District Level Coverage
- Decision making powers to Persons with Disabilities
- Legal Guardianship - even for parents
- Stake-holdership of Registered Organizations
- Legality/ Responsibility linked to Bequests
Need for a responsive system-
The
Census 2001 states that there are 2.19 crore persons with disabilities
in India, constituting 2.13 per cent of the total population. However,
this data is keenly disputed, with alternative estimates invariably much
higher than the official ones. Compared to Indian statistics, the
population of persons living with disability in India’s neighbours is
substantially
higher: 5 per cent in China, 5 per cent in Nepal and 4.9 per cent in
Pakistan. In the most developed countries this number raises to 18 per
cent (Australia), 14.2 per cent (United Kingdom) and 9 per cent (the
United States). One WHO report states that ten per cent of the entire
world’s population live with disability (650 million) and that there are
more people living with disability in India than in any other country.
The tragedy is that the Census Commission failed to make any attempt to
collect statistics on disability until 2001. The assumption is simple:
no census, no statistics, and no problem. And now with a 2.13 per cent
estimate in the 2001 census, the contentious status of figures for
disability raises a fundamental obstacle to framing and implementing
effective policies throughout India. The Persons with Disabilities Act,
1995 (PWDA) addresses the issue of education for children with
disability as an ‘endeavor’ to promote their integration within
mainstream schools. The focus is not on building the capacity of people
living with disabilities, but rather on helping them cope within the
existing mainstream Status of disability laws in India. India is party
to the United Nations Convention on the Rights of Persons with
Disabilities (CRPD). It is mandated for all countries that the
substantive rights and principles of the Convention should reflect on
the relevant laws of the land. The aim of this policy brief is to create
awareness among parliamentarians, and also to promote and encourage
them to respond proactively to the issues related to the disability
sector in India today. This document seems to effectively inform and
assist our representative bodies in working to secure the rights of
people living with disabilities at the appropriate policy levels. In a
country where terms like disabled, physically/mentally challenged,
handicapped, impaired are used interchangeably to address or refer to a
person with disability, it is difficult to protect and affirm the rights
and entitlements of persons with disabilities in government policy and
laws. This can be easily sighted in all three relevant laws, which are
heavily loaded with terms such as ‘welfare’ and ‘endeavour’, and aim to
implement all objectives only ‘within the economic capacity of state’.
The principal reason for the inadequacies in existing policy can be
attributed to the ambiguous approach of policy makers to disability. The
existing law perceives a person with disability to have some sort of a ‘deficit‘, in need of social compensations from the government; Welfare based - people with disabilities are objects of state charity in need of medical treatment and social protection and Rights based - people with disabilities
are citizens with rights, equally capable of claiming these rights and
making autonomous decisions based on their free and informed consent as
well as being active members of society. Participation of people with
disabilities, prevention and early detection of the disabilities,
employment, affirmative action, non discrimination, research and
manpower, recognition of institutions for persons with severe
disabilities, social security, etc. Here one clearly realizes that the
ACT which is at the heart of all policies pertaining to persons with
disabilities is itself conceptually flawed; to expect a Rights Based
Policy from a Welfare Based Law is therefore misplaced. Of all people
living with disability, 35.9 per cent belong to the 0 to 19 years age
group, which in absolute terms amounts to 7 million young people. Across
the subcontinent 90 per cent of India’s 36 million children with
physical and mental disabilities aged between 4-16 years are out of
school.
There
is also no synchronization between the ambitious dreams of Education
for All - Sarva Siksha Abhiyan (SSA) - drawn up by the Ministry of Human
Resource and Development, and the objective of integrated schooling
outlined in the Persons with Disabilities Act, 1995. One more
interesting case of social injustice through disability laws concerns
people living with mental illness. The mental illness category has been
officially recognized by the PWD Act. Yet, they are denied any
employment quota: even free education is not accessible since mental
illnesses are in most cases diagnosed after the age of 18, after which
point free education is embargoed under PWDA. The definition of mental
illness itself is loaded with concepts of illness and dysfunctionality
more than functionality. The Mental Health Act, 1987, Out of school
rates for CWD are high in all states and CWD account for a higher
proportion of all out of school children as overall attendance rates
increase. The Government of India has enacted three important
legislations for persons with disabilities viz.
1. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which provides for education, employment, creation of a barrier free environment, social security, etc.
2. National Trust for Welfare of Persons with Autism, Cerebral palsy, Mental Retardation and Multiple Disability Act, 1999 has
provisions for legal guardianship and creation of an enabling
environment that will allow as much independent living as is possible.
3. Rehabilitation Council of India Act, 1992 deals
with the development of manpower for provision of rehabilitation
services. India has also both signed and ratified the Convention on the
Rights of Persons with Disabilities (CRPD). It came into force on 3 May
2008, and makes it obligatory on the part of the government to
synchronize laws or legal provisions with the terms of the Convention.
However, by not signing the optional protocol India has managed to
safeguard itself in case of not fulfilling the commitments made under
CRPD. The general principles of the Convention are: recognition of
inherent worth and dignity; individual autonomy and independence; non
discrimination; full and equal participation; respect and acceptance of
human diversity; equality of opportunity;
accessibility;
equality for men and women, and respect for evolving the capacity of
children with disabilities and their right to preserve their identities.
Many of these principles appear in existing laws of disability, but the
welfare based approach of the government presents major obstacles to
all such concepts of empowerment. Besides the existing rights mentioned
in the Acts, there are certain rights under the major themes of life and
liberty rights, equality of respect and opportunity, right to
association and social participation, right to political participation,
right to health and double discrimination in relation to children and
women in disability referred to in the CRPD but not appropriately
incorporated within Indian disability laws (Source: SRI survey, 2005).
Lack of disabled-friendly infrastructure and tardy approach towards an inclusive education system forces India’s disabled children stay out of school. A World Bank study points out that they are more vulnerable than those hailing from backward castes due to negative mindsets.
Only one percent of funds under the Sarva Shiksha Abhiyan are spent on inclusive education; employment of people with disability fell from 43% in 1991 to 38% in 2002 despite strong economic growth; and negative attitudes towards the disabled persist.
According to some of the recent findings of a new World Bank report on disability in India, a lot needs to be done for India’s 40-80 million persons with disability just to get them their basics rights. Low literacy, few jobs and widespread social stigma are making disabled people among the most excluded in India. At least one in 12 households includes a member with disability and children with disability are five times more likely to be out of school than Scheduled Caste or Scheduled Tribe (SC/ST) children, and if they stay in school they rarely progress beyond the primary level, leading ultimately to lower employment and incomes. Only around one percent of funds under the SSA are spent on inclusive education. And, the budget for educating children with mild to moderate disability in regular school settings has not increased commensurately since the focus on inclusive education began in the 1970s.Physical accessibility in buildings, transportation and services remain unavailable.
Negative attitudes towards the disabled, even by their own families, deter disabled people from taking active part in the family, community or workforce. Those suffering from mental illness or mental retardation face the worst stigma and are subject to severe social exclusion.
The report finds that coordination between the Ministries of Human Resource Development and Social Justice and Empowerment, the Rehabilitation Council of India and the general teacher training system needs to be improved. Also, state-wise strategies on education for children with special needs have to be devised.
While the Sarva Shiksha Abhiyan (SSA) has made a concerted effort to promote the inclusion of children with special needs, the system faces challenges in identifying these children and responding to their needs.
While
the policy initiatives in India have helped in integrating the disabled
children with the mainstream society, development with equity; still
the country needs more concerted efforts in the area to make the system
of education more responsive to the needs of the people and of course,
more inclusive!!