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Right to Education of Persons with Disabilities

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Social and Economic Transitions in China and India
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Abstract

The empirical evidence does not back the long-standing assumption that the development of modern health facilities will decrease the rate of disability. The disabled population in the world has increased from 10% to 15% in a decade from 2001 to 2011 (reference).

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Notes

  1. 1.

    Standard Rules on the Equalization of Opportunities for Persons with Disabilities, annexed to General Assembly resolution 48/96 of 20 December 1993 (Introduction, para. 17).

  2. 2.

    United States of America and Somalia. Available at, https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-11&chapter=4&lang=en.

  3. 3.

    After the Eighty Sixth Constitutional Amendment, 2002, it reads as-

    Article 45—Provision for early childhood care and education to children below the age of six years—The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

  4. 4.

    Section 26(b), the appropriate governments and the local authorities shall “endeavour to promote the integration of students with disabilities in the normal schools,” The PWD Act, 1995.

  5. 5.

    Section 2(s), ‘person with disability’ means a person with long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others, The RPWD Act, 2016.

  6. 6.

    Section 2(m), ‘inclusive education’ means a system of education wherein students with and without disability learn together and the system of teaching and learning is suitably adapted to meet the learning needs of different types of students with disabilities, The RPWD Act, 2016.

  7. 7.

    Section 2(r), the RPWD Act, 2016.

  8. 8.

    Section 2(s), the RPWD Act, 2016.

  9. 9.

    Section 2(t), the RPWD Act, 2016.

  10. 10.

    (1) Any person with specified disability, may apply, in such manner as may be prescribed by the Central Government, to a certifying authority having jurisdiction, for issuing of a certificate of disability.

    (2) On receipt of an application under sub-section (1), the certifying authority shall assess the disability of the concerned person in accordance with relevant guidelines notified under section 56, and shall, after such assessment, as the case may be—

    (a) issue a certificate of disability to such person, in such form as may be prescribed by the Central Government;

    (b) inform him in writing that he has no specified disability.

    (3) The certificate of disability issued under this section shall be valid across the country.

  11. 11.

    Chandigarh, Madhya Pradesh, Meghalaya, Odisha.

  12. 12.

    Delhi, Madhya Pradesh, Meghalaya (8 out of 11 districts) and Odisha.

  13. 13.

    Alur, M. (2002). Introduction: The social construct of disability. In S. Hearty & M. Alur (Eds.), Education and children with special needs (pp. 21–22). New Delhi: Sage; Bhatnagar, N., & Das, A. K. (2013). Attitudes of secondary school teachers towards inclusive education in New Delhi, India. Journal of Research in Special Educational Needs; Das, A. K., Gichuru, M., & Singh, A. (2013). Implementing inclusive education in Delhi, India: Regular school teachers’ preferences for professional development delivery modes. Professional Development in Education, 39(5), 698–711.

  14. 14.

    Jangira N.K. (2002), Special Education needs of children and young adults: An unfinished agenda. In S. Hegarty & M. Alur (Eds) Education and children with special needs (pp. 67–76). New Delhi; Sage.

  15. 15.

    Ministry of Social Justice and Empowerment, Annual Report, 2017–2018.

  16. 16.

    Ministry of Human Resource and Development, Analysis of Budgeted Expenditure on Education, 2013–2014 to 2015–2016, Department of Higher Education, Planning, Monitoring and Statistics Bureau, New Delhi.

  17. 17.

    Jha, M. M. (2002). School without walls: Inclusive education for all. Oxford: Heinemann; Das, A. K., Kuyini, A. B., & Desai, I. P. (2013). Inclusive education in India: Are the teachers prepared? International Journal of Special Education, 28(1), 27–36.

  18. 18.

    Karna, G. N. (1999). United nations and rights of disabled persons: A study in Indian perspective. New Delhi: A.P.H. Publishing Corporation.

References

  • Census. (2011). Registrar General of India, Ministry of Home Affairs, Government of India, Available at: http://www.censusindia.gov

  • National Disability Network. (2019). Parallel Report of India on the Convention on Rights of Persons with Disabilities.

    Google Scholar 

  • All India Survey on Higher Education. (2017–2018). Ministry of Human Resource Development, Department of Higher Education.

    Google Scholar 

  • DRIF, NCPEDP, NCRPD. (2018). Two Years of the Rights of Persons with Disabilities (RPWD) Act, 2016—Status of Implementation in the States and UTs of India.

    Google Scholar 

  • World Health Organisation. (2011). World Report on Disability 2011, see Preface, p. 11.

    Google Scholar 

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Correspondence to Y. S. R. Murthy .

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Murthy, Y.S.R. (2022). Right to Education of Persons with Disabilities. In: Nakray, K., Yi, Z., Clammer, J., Zhang, W. (eds) Social and Economic Transitions in China and India. Palgrave Macmillan, Singapore. https://doi.org/10.1007/978-981-19-6124-3_11

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  • DOI: https://doi.org/10.1007/978-981-19-6124-3_11

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