Srinagar High Court has issued a notice to government on a Public Interest Litigation, seeking issuance of the appropriate guidelines for admission of Children with Special Needs (CWSN) under Right To Education Act and RPWD act 2016.
The PIL also seeks directions from the court to ensure the admission, attendance and free education of Children with bench mark disability, free of cost and any other barriers preventing them from getting quality education in the Recognized unaided private schools of Jammu and Kashmir.
The PIL has been filed through High court Advocate Syed Musaib and Advocate Hasnaian M Kjawaja by three persons, two of whom— Zaheer Jan of Bemina srinagar and Mudasir Shaban Dar of Bandipora are social and Disability rights activist while another— Dr. Chitanjeet Kour of Nanak Nagar Jammu is a physiotherapist doctor by profession and Child rights activist.
Petitioners Zaheer Jan and Dr chintanjeet Kour said that Indian Parliament amended part 4 of the Constitution of India and incorporated Article 21 A, a new article in the constitution to incorporate Right to Education of a child between 6 to 14 years as their fundamental right. They said that a duty was imposed on the appropriate government to protect their fundamental right.
According to them, In 2009, the Indian parliament enacted the Right of Children to Free and Compulsory Education Act, a follow up legislation for implementing the provision of Article 21A of the Constitution of India. The special provision for the EWS/DG/CWSN children has been incorporated in the Act itself to address the practical difficulty.
In 2012, according to Global News Service, the provisions of right of children to free and compulsory Education Act was interpreted by Supreme Court that each and every child between 6 to 14 years has their fundamental right of not only education but quality education. The top Court not only upheld the provision regarding destitute children but also appreciated the provisions of Act which addresses the specific problems faced by the children belonging to underprivileged category, they said.
The petitioner Zaheer Jan submitted that they time and again approached the concerned authorities including Chief Secretary and Director School Education Kashmir for redressal of their appeal for providing inclusive education to CWSN in top private schools. However their representation was never replied by the authorities. “The petitioners also personally met the concerned authorities in all reputed schools but all in vain,” Zaheer Jan said.
They also submitted that the PIL was for the benefit of thousands of Children with special need who are not able to have access of quality education in their neighborhood schools as per their rights and entitlements under Right of Children to free and Compulsory Education Act, 2009 and RPWD Act.
The Petitioner Dr Chintanjeet kour said that in RPWD act 2016 and new Education policy 2020 under inclusive education, every school whether private or Govt, should welcome children with special need in mainstream.