NCERT Study reveals RTE has failed to meet disabled children's needs

This study shared by NCERT and published by Indian Express reveals serious lapses in the implementation of RTE across the country.

RTE has failed to enable the disabled: Study

Written by Anubhuti Vishnoi | New Delhi | January 27, 2014 1:58 am

Three years after the RTE Act came into effect promising free and compulsory education to children aged six to 14 years and special focus on admission and retention of children with disabilities, an NCERT study has found that disabled children in schools across states still face serious infrastructure and pedagogy handicaps.
Apart from absence of ramps and friendly toilets in schools, the larger problem that almost all disabled children face in the classroom is the absence of special teaching material and sensitive trained teachers.
In Gujarat’s Kheda district, a child with locomotor disability said he never leaves his wheelchair due to non-availability of a friendly toilet in his school.

The NCERT report — ‘Status of Implementation of RTE Act in context of disadvantaged children at elementary stage’ — says that “poor infrastructure, non-availability of appropriate furniture for children with disabilities, non-availability of special aids and appliances, poor quality of aids and appliances for children with locomotor disabilities are major challenges in the fulfilment of RTE to these children”.

The study adds that “educational materials for children with disabilities were non-existent in most sample schools. States/ UTs have very limited vision of arranging different types of educational materials for children with various disabilities”.

The 2012-13 study on children with disabilities had revealed that while 99 per cent of these children liked attending regular schools but 57 per cent of teachers were not trained to understand their special needs.
The study was conducted by the NCERT’s department of elementary education in Andhra Pradesh, Kerala, Jharkhand, Orissa, Gujarat, Uttarakhand and the Union Territories of Puducherry and Andaman & Nicobar islands through questionnaires and interviews with school teachers, parents of disabled children and disabled students.
Respondents in Visakhapatnam and East Godavari districts said there were no Braille books, no assistive devices, no educational materials and no full-time special teachers making it extremely difficult to ensure RTE to children with visual impairments. In Visakhapatnam district, ramps and friendly toilets for children with locomotors disabilities were not appropriate.

Almost all respondents in Almora district of Uttarakhand said their schools did not have facilities and the hilly terrain further complicated their movements. In Orissa, the NCERT study says, there is unhappiness over poor quality of wheelchairs and non-supply of Braille aids despite repeated reminders.

“Wheelchairs and tricycles are supplied to children with locomotors disabilities, though these cannot be used by them due to difficult terrain in Almora district”.

“Special shoes are supplied after one year of assessment, resulting in inappropriate sizes due to growth of feet. Complaint was sent but no satisfactory action was taken,” respondents are quoted in the NCERT study.

In Kerala, children have not been provided teaching-learning materials individually despite the fact that the Sarva Shiksha Abhiyan has a provision for Rs 3,000 per disabled child per year.

The report notes that functionaries and teachers at state-, district- and block-levels were aware of provisions of the RTE Act to a great extent but “orientation of teachers for RTE (except in Orissa) did not include information about disadvantaged and children with disabilities”.

In Jharkhand, respondents pointed out how “there were no special teachers at school level to help children with disabilities; teachers have not been trained to teach children with disabilities; and parents do not bring their children with disabilities to school regularly”.

Sixteen of 25 head teachers/teachers in four districts of Gujarat maintained that it was extremely difficult to teach children with severe mental challenges and multiple disabilities in the classroom.

In Andhra Pradesh, teachers said that “it is difficult to ensure RTE to children with mental disabilities due to behaviour problems and very limited ability to learn. They maintained that these children should be sent to special schools. Respondents in Visakhapatnam and East Godavari districts said there were no Braille books, no assistive devices, no educational materials and no full-time special teachers”.

The report notes that in Kerala “almost all respondents in both the districts said they encountered difficulties in teaching different categories of children with disabilities. They said that behaviour problem of children with mental disabilities (challenges) makes it difficult to manage classroom teaching. These teachers do not have any special training and they find themselves helpless in dealing with children with mental challenges. Two of the teachers said that in a class of 50 children, it is extremely difficult to pay attention to children with a mental challenge and they try to help these children by explaining to them personally”.

A Comedian with Disability committed to disability awareness: Maysoon Zayid

Dear Friends,

I am greatly impressed by the eloquence of this Palestinian woman from New Jersey Ms. Maysoon Zayid - a writer, actor, comedian and co-founder of New York Arab-American Comedy Festival.

She shatters the myths and stereotypes associated with persons with disabilities in no time and you can not but return much more sensitized and knowledgeable about yourself, about your own beliefs about persons with disabilities and their abilities.

I am sure you would love to see this embeded video herein below:

Lack of Political Will disables Persons with Disabilities

Here is a balanced piece from Economic and Political Weekly

Disabled by Lack of Political Will
The government’s failure to table the Disabilities Bill in Parliament is unforgivable.

For the estimated 70 million disabled people in India, the government’s failure to table the Rights of Persons with Disabilities Bill in Parliament in the winter session was another act of cruel neglect and one that their representative organisations are gearing up to tackle. For the four years that it took for the bill to be drafted, disability rights’ advocacy groups and activists kept the pressure up. The approval of the draft bill by the union cabinet on 12 December 2013 raised their hopes only to be dashed. With general elections looming ahead and the uncertainty of how much legislative business will be conducted at the next session, these activists fear that their efforts would simply be washed away. Protests and agitations were held to demand that the bill should be taken up in the February session even as the disabled bitterly pointed out that politicians do not seem to count them as a valued vote bank.

The disabled in India are “invisible”, not to politicians alone; society at large disregards the disabled. Since they do not easily fit into the sociocultural expectations of what “normal” men and women should be like, the disabled are either to be pitied and dealt with charitably or shunned and ignored. To a certain extent, this
attitude was challenged by the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 which was considered landmark legislation at the time. However, while this Act did go a small distance in ensuring greater acceptance of the rights of the disabled to employment, not only its implementation but also its scope left much to be desired. It relies too much on the state’s initiative in framing schemes for the disabled while emphasising their vulnerabilities rather than on enhancing their capabilities. It also leans heavily towards the medical approach, emphasising the physical disabilities and tending to view
welfare measures as the solution. It is a familiar experience that most government schemes aimed at a particular section of society suffer from lack of coordination and dovetailing of the efforts of the various agencies at work. Another area that needs attention is the one to do with the socio-economic vulnerabilities of the parents/ guardians/caregivers of the disabled.

A number of crucial areas are also out of the 1995 Act’s ambit, like the problems faced by disabled women, disabled persons’ accessibility to cultural activities and sports, their preschool and higher education, the rights of the mentally ill (here too the women have special vulnerabilities) and many other nuanced rights that are taken for granted by the non-disabled. Disability rights’ groups wanted a comprehensive legislation that would be in keeping with the United Nations Convention on the Rights of Persons with Disabilities which India has ratified and which stresses fundamental rights. Also, this new legislation would have to be hinged on the non-negotiable rights approach rather than doling out concessions. The Ministry of Social Justice and
Empowerment’s proposal to amend the 1995 Act came under fire and thus work began on drafting the new bill.

The 1995 Act however helped to bring the rights and problems of the disabled into public and media discourse and also helped different rights groups to band together on a common platform to a large extent. It must also be noted here that this law suffers from the usual problem of implementation which depends again to a great extent on a sensitive bureaucracy and committed politicians. While looking at the general rights approach however, the gargantuan problems faced by the disabled in finding employment cannot be ignored. Recently, the Supreme Court (SC) ordered a minimum of 3% reservation for them in all central and state government jobs. The significance of the SC’s order lies in the fact that it quashed the central government’s 2005 office memorandum and claim that reservation for the disabled must be restricted to “identifi ed” posts. The apex court ruled that the reservation must be on the basis of the total number of vacancies in a particular cadre rather than posts identified by the government. The SC pointed out that employment is an important
feature of empowerment and inclusion of the disabled and it was lack of employment that forced this section to live in poverty and fail to contribute to family and community.

The Rights of Persons with Disabilities Bill 2012 has won the thumbs up on most counts since it has tried to do away with the shortcomings in the 1995 Act. However, there are a few aspects like that of inclusive education of the disabled and their employment in certain identifi ed posts that have been flagged by some
disability rights advocates as areas that need to be reworked. These and related issues need to be discussed widely once the bill is tabled in Parliament. Will the government ensure that the hopes and aspirations of the disabled are not dashed and the efforts of all those who have worked on the bill do not go in vain?

Source:  Economic and Political Weekly

IRDA proposes life insurance cover for persons with disabilities

Dear Friends,

After the Hon'ble High Court of Delhi's judgement in a related matter on Insurance (Refer my blog entry titled "Extra Premium for Insurance or Reduced Insurance amount- both are discriminatory against the employees with disabilities), wherein the Hon’ble court agreed that charging extra premium from employees with disabilities was indeed a discrimination on the basis of disability and therefore it directed the postal life insurance to provide equal insurance coverage and not charge extra premium from the employees with disabilities, the regulator IRDA is working on a proposal for life to cover the persons with disabilities.

However, what I see from the proposal, certain categories of disabilities, particularly that are not static and likely to change, say for example a person with mental illness (under rehabilitation), or a person with low vision - likely to turn completely blind, will continue to face discrimination.

The problem is the actuaries are not trained in to this aspect of disability and the potential of persons with disabilities. Life can be uncertain for you and me alike irrespective of disabilities, but actuaries tend to presume that a person with disability is more likely to die in comparison to non-disabled is actually a myth.

I had indicated the road ahead in the earlier post after the Court judgement which I am reproducing here:

The Road Ahead

I see this judgment  as a milestone in the disability rights movement with far reaching implications not only in India but also beyond India and especially in European countries where the Actuaries continue to discriminate against persons with disabilities by under-valuing their lives. However, India, its Courts and the persons with disabilities are very progressive on this front and the western countries can follow suit at least on this count.

This is just a beginning. We need a well devised future strategy  to dismantle the entire regime of discrimination that is prevailing in the insurance sector and the immediate challenges are:

(a) The insurance sector still discriminates on the basis of etiology of the disability i.e. from birth and after birth; neurological or physical and rates their lives accordingly which has again no scientific base.

(b) The persons with neurological disabilities are still not allowed any insurance policy and needs to be challenged.

(c) PLI is an insurance scheme for the benefit of government employees hence it will cover a very small section of citizens with disabilities. Those who are outside the government jobs especially those in rural areas are far away from reaping the benefits of insurance.

(d) The Actuaries who are in the business of assessing the life risks are not aware of the real challenges and the lives of the persons with disabilities and they continue to live in their own world and decide on their own whims, the risk calculation of the life of a person with disabilities. They need to be sensitized and made aware.

(e) The entire literature on insurance that I had to read while pursuing this case from outside reinforced the stereotypes about persons with disability and their proneness to accident. Hence, we need new literature for future actuaries to understand that Disability can not be treated always as a negative health profile. And that living with disability was distinct from suffering from a life threatening disease.

(f) There is a need to raise awareness that a person with visual impairment or with hearing impairment or with neurological impairment also enjoys good health like anybody else.

(g) The rules of Insurance sector needs to be changed in light of this judgement and applied across the sector. All insurance  issuing companies - be it private or government have to factor in the principals of this judgement and make amends.

(h) We need to take this awareness to the most marginalized persons with disabilities in rural areas through several means. 

I am sure we all are up for it and would take this to its logical end. Here is  news coverage regarding the IRDA proposal from Business Standard:-

IRDA to bring out proposal for life cover to differently abled

Currently, there are no definitive guidelines defining the cover for people with disability

M Saraswathy  |  Mumbai  January 4, 2014 Last Updated at 00:32 IST

Insurance Regulatory and Development Authority (Irda) is looking to bring out a proposal for providing life insurance cover for the differently abled. While disability is not explicitly excluded from life insurance policies, there are no definitive guidelines defining the cover for such individuals.

“The proposal is at a discussion stage at the actuarial department. We will soon bring out a discussion paper on this,” said a senior IRDA official. This proposal will first be presented as a paper to life insurers for their feedback and then, detailed guidelines would be formulated.

At present, disability insurance is provided under personal accident policies by general insurance companies. Here, the policy provides for income replacement if the policyholder gets physically injured in any accident leading to loss of income for the family.  Disability is also covered by life insurance companies, wherein a cover is provided for accidental disability. These products are offered both, as a policy and as a rider with an insurance plan. If anything happens to the insured during the policy tenure, the insurance company pays him/her a lump-sum amount. However, this does not provide any protection for disabilities existing from one's birth or early childhood.

Insurance sector officials said that there, the regulator would clearly define what is disability, the types of disability-permanent or ongoing. The various ailments are also expected to be classified either as static and permanent, which would include polio and physical disability like loss of sight at birth, loss of hand/leg at birth among others. Other types of ongoing ailments like severe Hepatitis B, cancer of the last stages and severe damage to the lungs or heart would be put into a separate category.

“While permanent and static disability is expected to be included as the category that would be covered by life insurance, progressive and critical stages of ailments are likely to be excluded from coverage. This is because such ailments are very risky to be covered, from an insurance perspective,” said a senior life insurance official.

Officials close to this development said that at a future stage, when there is adequate data and research on these ailments, such patients could be provided life insurance cover, albeit at a higher premium.

Not all types of cancer are excluded from life insurance coverage. While patients in the last stages of such life-threatening diseases are excluded from life insurance coverage, others at an early stage are not denied a cover. These patients usually pay 30-40 per cent higher premium than regular policyholders, due to the higher risk involved in their coverage.  

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Physically Challenged Versus Logically Challenged

Dear Colleagues,

There is an inherent bias in the executive when it comes to giving equal opportunities to those living with disabilities in employment despite the tall claims on paper by the Government and harshest judgements from the Courts criticizing the executive and the government. Now whether it is born out of age old mis-beliefs, myths and resultant negative attitudes towards the disabled or an utter lack of awareness about the possibilities and potential of those living with disabilities - the result is insurmountable barriers for disabled people on every step of their lives.

A committee of High Court Judges decides that those with vision impairments and those with hearing and speech impairment can not function as Judges (Blind/deaf can't be judges, say govt and HC; PIL questions it) , the Babus decide what a person with disabilities is capable of, without even knowing a, b, c of disability! And these decisions are taken in solo without involving those with disabilities or their organisations. 

We recently saw certain candidates with disabilities who passed the UPSC's Civil Services Examination way back in 2007 -08 continue to await allocation of posts! The principles of natural justice particularly in a democratic set up as ours, demand that an opportunity of being heard be given to those affected by the proposed action. This is amazing way of functioning displayed by the Indian bureaucracy where the bureaucrats and not the law decides whom they want to allow in their gang!

Section 32 and the List of Identified Jobs

The List of Identified Jobs for persons with disabilities which had been prepared by the Babus with some experts from field also on the panel has done more harm than good for persons with disabilities of this country.  The list has been used to deserving people out by State governments from several key posts. The successive committees of babus have not allowed the stakeholders to even know what was added or removed in the successive list of jobs published through gazettes. Each time a list of published, the earlier was removed from the website, without even explaining what new post(s) have been added or deleted from the list and the basis for the same! And this business of identified jobs has been in business since 1989 even before the disabilities Act came in to force.

The list doesn't seem to have applicability in all the states and union territories since so many states (read babus) have published their own selective lists of posts (read... unimportant posts) jobs, keeping the posts to the minimum that could be held by  persons with disabilities. Certain states and Ministries have been on an exemption seeking spree under the proviso of Section 33 of the Disabilities Act. For instance the post of Judge has been identified in the Central List whereas states like West Bengal, Kerala, Tamil Nadu and Uttar Pradesh seems to have taken regressive steps by obtaining exemptions of judicial posts from the purview of section 33 (reservation in favour of persons with disabilities particularly against the candidates with visual and hearing and speech disabilities.)  

3% reservation in promotion under Section 33 

Similarly, by twisting the interpretation of section 33, the Babus have for long denied the 3% reservation in promotional posts to employees with disabilities particularly in group A and B posts. 

Now the Mumbai High Court has dealt with the issue in a PIL filed by an NGO - National Confederation for Development of Disabled. The petition pointed out that the ratio of percentage of direct IAS to IAS by promotion or election was 67% : 33% in Maharashtra state at present. Thus effectively, out of 100 new posts, 67 were being filled by people who have been directly recruited in the IAS category and 33 posts were filled by state civil service officers.  Thus the reservation in 33% promotional posts was being denied to the disabled officers from State Civil Services (for the impugned executive orders provide for no reservation in promotion in Group A and B posts!).

In a remarkable judgement the Division Bench of Chief Justice Mohit Shah and Justice M S Sanklecha has directed that the rule be applied to the promotion of officers, who were recruited through the disabled quota i.e.  now reservation would be applicable on all the 100 posts. 

Manner of computation of reservation under Section 33

The manner of arriving at or computing 3% reservation in various posts has not been spelled out in the Act. and thus in exercise of the powers conferred by sub-sections (1) and (2) of Section 73 of the Act, the government (read babus) used their discretion to spell it out through executive orders (read DoPT Memos) thereby restricting the reservation benefits to the minimum particularly in Gp A and B posts.  

For Eg. Office Memorandum (OM) dated 29.12.2005, issued by the Department of Personnel & Training, inter alia provides a system for ensuring proper implementation of the provisions of the Act for the persons with disabilities, wherein the 3% reservation for the disabled persons was being computed by taking into account the total number of vacancies arising in Group C and D posts for being filled by direct recruitment in a recruitment year both in the identified and non-identified posts under the establishment. Similarly, all vacancies in promotion quota shall be taken into account while computing reservation in promotion in Group C and Group D posts. 

However, interestingly, when it came to Gp A and B posts, it was specifically restricted to be computed on the basis of vacancies occurring in direct recruitment quota in all the identified Group A posts in the establishment.

Justification to such a restriction given was that since the reservation for Group C and D posts is being calculated on the basis of the vacancies in identified as well as unidentified posts prior to the Act came into existence and in view of the provisions of Section 72 of the Act (Act to be in addition to and not in derogation of any other law), continued in the same way, however, reservation for Group A and B posts is  to be calculated on the basis of the vacancies for identified posts as per the provisions of the Act.

The court thus decided that the modus of computation of reservation on the basis of total number of vacancies (both inclusive of identified and unidentified) in the cadre strength will uniformly apply to Group A, B, C and D and not just Gp C and D). Supreme Court Judgement dated 08 October 2013 in Union of India  Versus National Federation of Blind (Civil Appeal 9096 of 2013) (click here for Judgement).

Accordingly, the DoPT had to issue a revision to its Memo dated 29.12.2005 (click here for a copy)

The way ahead

The tendency of the Government (read Babus) is to find ways to block the entry of the disabled into the mainstream of employment. This undeclared blockade has no direct link with abilities of persons with disabilities and indicates a greater malady that exists in our system. This can only be tackled by a sincere attempt to raise awareness of all government employees from the top order to the lowest about the capabilities of the disabled and also supporting employees with disabilities with reasonable accommodation and equal opportunities to work and prove their worth. At the same time, the executive has to be interpret the benevolent provisions of the Act so as to give effect to the will of the legislature and the mandate of international convention called UN CRPD. 

One out of box idea is to scrap the Identification List  and  the present system of effecting reservation on identified posts. Let all posts be open for persons with disabilities with only condition that each person showcases how he/she will perform the functions of that post. Those competing on merit be not adjusted against reserved vacancies (policy exists but seldom implemented thereby defeating the intent of legislature of minimum 3% reservation). The government on their part must provide reasonable accommodation and an enabling environment to the employees with disabilities. I am sure this will work out and we must give it a try.

Here are some stories on such undeclared blockade and court intervention that recently made headlines in Indian Express & Times of India.

Civils: Centre, state told to implement quota rules for disabled 

Aamir Khan, Indian Express, Mumbai, Thu Dec 05 2013, 11:58 hrs

The Bombay High Court on Wednesday directed the state and Union governments to implement the rules of reservation for differently-abled candidates in civil services. The court also said the rules would apply during promotions.

The court was hearing a PIL filed by the National Confederation for Development of Disabled, stating that the People With Disabilities (PWD) Act was being violated. It sought the implementation of the rule, which provides 3 per cent reservation to disabled people in civil services recruitment. Directing the state and the Union government to implement the rule, the division bench of Chief Justice Mohit Shah and Justice M S Sanklecha directed that the rule be applied to the promotion of officers, who were recruited through the disabled quota.

The petition said the ratio of percentage of direct IAS to IAS by promotion or election was 67%:33% in the state at present. "Therefore, out of 100 new posts, 67 are filled by people who have been directly recruited in the IAS category and 33 posts are filled by state civil service officers. As per the PWD Act, three per cent of the posts in the IAS are reserved for such class of people. Thus, reservation should be applicable to all the 100 posts," the petition stated. It also contended that the quota for PWD had not been filled for 15 years. According to the Constitution, the authorities are under obligation to apply the provisions of the PWD Act. Granting relief to the petitioners, the HC disposed of the petition.

Source: Indian Express

Disabled people clear UPSC, but wait for service allocation

Rema Nagarajan, TNN | Dec 2, 2013, 04.55 AM IST

MUMBAI: Several persons with disabilities (PWDs) who crack one of the toughest exams in the country and get selected for the civil services are routinely rejected with the government claiming there is no suitable service for them. 

Source: Times of India, 02nd Dec 2013

They are good enough to overcome their disability and get selected for the civil services after clearing two levels of exams and the interview, but the Department of Personnel and Training, the allocating authority, rejects them and cancels their candidature.

In the last two years alone, out of 67 such candidates who got selected, 11 are still waiting to be allocated services. Many selected PWDs are allocated lower services  than their ranking merits, on the plea that the nature of their disability prevents them doing the job in most services.

So how do babus sitting in offices decide what candidates with varying levels and kinds of disabilities are capable of? The answer lies in a totally arbitrary list called "list of services identified suitable for physically disabled category along with physical requirements and functional classification" published in the gazette. It lays down what service a successful candidate with disability can get. For instance, under the category of locomotor disability, if the disability affects both hands or arms, you can get into the most sought-after Indian Administrative Service (IAS) but you would not be eligible for any of the other 23 services.

Again, the Delhi Andaman and Nicobar Islands Police Service (DANIPS) is open to those with one leg affected or whose hearing is impaired. However, there is no place for people with these or any other disability in either the Pondicherry Police Service or the Indian Police Service (IPS). How different can the job be in different police services? In an age of economic crime and cybercrime, will the police service be limited to physical fitness or brawn and not brains?

All accounts services, the Indian P&T Accounts & Finance Service, Gr.A, Indian Civil Accounts Service, Gr. A and Indian Railway Accounts Service are open someone with one arm (OA) or one leg (OL) affected or with one arm and one leg affected (OAL) and to those with both legs affected (BL). However the Indian Audit & Accounts Service Gr. A alone is not open to persons with both legs affected. Why is only this accounts service not open to people with both legs affected? Nobody seems to know.

"My disability says both legs affected. But I use crutches and can do all jobs. However, most services are closed to me because some officials who have never met me decided that if both legs are affected, I must be immobile or unable to do most jobs. It is totally unfair. This identification of service has to be done away with. Let them select us, meet us, see what we can do and allocate us services accordingly and by our ranks," says a candidate who cleared the exam earlier but will be appearing again for the civil service exam on Monday, hopeful of getting in again through the 3% quota in all services for PWDs mandated by the Disability Act 1995.

The identification of service ought to be abolished as it is discriminatory under the Disability Act and under international conventions signed by India on ensuring equal rights to the disabled, pointed out yet another PWD. 

Officials in the DoPT did not comment despite several attempts to get their version."Frankly, I am appalled that nine years after this issue was first brought to light, it remains unresolved, that too, against the express orders and directions of the Prime Minister. If the country, the government and the prime minister's office in particular wish to demonstrate their true commitment towards protecting the rights of India's disabled citizens, they ought to resolve this issue once and for all," said Javed Abidi of the National Centre for Promotion of Employment for Disabled People (NCPEDP). He added that in protest against such apathy, NCPEDP will not take part in the "charade" of celebrating World Disability Day on December 3 when "speeches would be delivered, advertisements issued, and some more false promises made".

News Source: Times of India