BLOCK

BLOCK – 1 INTRODUCTION TO DIABILITY AND

INCLUSIVE EDUCATION

CONTENTS

UNIT – 1 HISTORICAL & CONTEMPORARY PERSPECTIVES ON DISABILITY AND REHABILITATION

UNIT – 2 NATURE & NEEDS

UNIT – 3 LEGISLATIVE FRAMEWORK

UNIT – 4 INCLUSIVE EDUCATION CONCEPTS & PRACTICES

UNIT – 5 GOVERNMENT SCHEMES AND CONCESSIONS

Expert Committee

Dr. Hemlata Dr. J.P. Singh Dr. L. Govinda RaoDirector (I/C), Member Secretary, Chairperson & Chief Mentor,NCDS, IGNOU Rehabilitation Council of India Veda Institute of Developmental

New Delhi Studies, Secunderabad

Dr. Indumati Rao Mrs. Anupriya Chaddha Mrs. Pubali AggarwalDirector, Consultant, Lecturer in Visual Impairment,CBR Network ADCIL, Delhi Blind Relief AssociationBangalore New Delhi

Mrs. Indu Chaswal Mr. H.R. Dhall Dr. V.P. SahExpert in Multiple Disability, Director, Associate Professor,Delhi Arpan Institute for Mental Retardation AYJNIHH (NRC)

Rohtak New Delhi

Dr. Himanshu Das Dr. S.K. Prasad Dr. Amiteshwar RatraExpert in Mental Retardation, Dy. Director, Research Officer,Delhi NCDS, IGNOU NCDS, IGNOU

New Delhi New Delhi

Unit Writers

Unit 1 Dr. L. Govinda RaoUnit 2 Dr. L. Govinda RaoUnit 3 Dr. L. Govinda RaoUnit 4 Dr. Anupriya Chadha, Dr. L. Govinda RaoUnit 5 Dr. L. Govinda Rao, Dr. Hemlata

Block Editor

Dr. J.P. Singh

Programme Coordinator

Dr. HemlataNCDS, IGNOU, New Delhi

Material Production

January, 2009© Indira Gandhi National Open University, 2009All rights reserved. No part of this work may be reproduced in any form, by mimeograph or any other means, without permission in writing from the Indira Gandhi National Open University.Further information on the Indira Gandhi National Open University Courses may be obtained from the University’s Office at Maidan Garhi, New Delhi – 110 068.Printed and published on behalf of the Indira Gandhi National Open University, New Delhi by Director, National Centre for Disability Studies (NCDS).

INTRODUCTION

Persons with disabilities are an integral part of society. They have witnessed various phases of attitude

of the society towards them through out the history in the world. The definition of the disability is also

affected by the attitude of people and the policies. Now our government has adopted United Nations

Convention on the rights of persons with disabilities therefore, the definitions of disabilities will also

be modified accordingly. In this block we have tried to give you an overview about the historical and

contemporary perspective. The various definitions of disability that has been existed for last ten years

and the latest one have been elaborated for better understanding of the learners.

There have been some very significant legislations at the national and international level to protect

and promote the rights of persons with disabilities. We have tried to provide you the highlights of

these legislations. The various schemes of government of India and the provisions for persons with

disabilities have been enumerated to equip you to provide support to the children with disabilities and

their families.

OBJECTIVES

After undergoing through this block you will be able to understand.

• Historical and contemporary perspective regarding disability.

• Types of disabilities and their causes.

• Functional deficits of various disabilities.

• Concept of inclusive education.

• Various schemes and concessions provided by Government of India.

UNIT – 1: HISTORICAL & CONTEMPORARY PERSPECTIVES ON

DISABILITY AND REHABILITATION

STRUCTURE1.1 Introduction

1.2 Objectives

1.3 Historical perspective

1.3.1 International

1.3.2 National

1.4 Contemporary perspective

1.4.1 International

1.4.2 National

1.5 Paradigm Shift

1.6 Unit Summary

1.7 Check Your Progress

1.8 Assignments/Activities

1.9 Points for Discussion and Clarification

1.10 References

1.1 INTRODUCTION

Nature and nurture has a substantial role to play in growth and development of human beings. Nature

and nurture apart, human organism is susceptible to damage through disease and injury. Disease,

accident, genetic causes or any other reason, which inflicts the persons, causing loss or want of

abilities, may not be equal in all cases. Accordingly the degree of abilities or lack of abilities varies.

Deviations from average of physical and mental ability of human beings beyond limits resulting in

substantial and appreciable difficulties in performing a function or in social adjustment would be

perceived as disability.

Some of the practitioners understand rehabilitation as a graded sequential individualized approach in

which charity has given way to right so far as the empowerment of the persons with disabilities is

concerned. Education is the means to empower them. It has become a fundamental right of every

child. The evolution of education of the persons with disability has a long history with the starting

point in the 10th century in Europe and America. It has been realized that education of the persons

with disabilities is very crucial for their development and independent living as far as possible.

Education of the persons with disabilities has evolved as an essential responsibility of the Government

not only because of the Constitutional provisions but also with the UN mandates.

1.2 OBJECTIVES

After undergoing this unit you will be able to:

• Understand the historical perspective regarding disability and rehabilitation.

• Reflect upon the happenings in different phases of history towards persons with disabilities.

1.3 HISTORICAL PERSPECTIVE

The attitude of society towards person with disabilities has been changing with the time. In all the

countries of the world, people with disabilities are the largest minority group. They are subjected to a

long history of neglect, segregation, isolation, deprivation, charity, welfare and even pity. Let’s have a

look into the international and national scenario regarding the status of persons with disabilities.

1.3.1 International The 19th Century saw the advent of special education in Europe and America. Many physicians,

psychologists and educators took initiatives in the development of special education. In the beginning

of 19th Century, Itard (a French physician) was recognized by most historians as the first person who

tried to educate a wild boy of about 12 years, named Victor, apparently abandoned in a forest in

Southern France at the age of 3 or 4.

Seguin, known as the greatest teacher of the mentally deficient, established the first public school for

the feeble-minded in Paris in 1837. In 1846, he published his classic textbook ‘Idiocy and its

Treatment by the Physiological Method’. Montessori Method of education owed much to the concept

of education developed by Seguin, who subsequently worked in collaboration with Samuel Howe for

the education of the mentally retarded in America. The first public day-school classes for children

with mental retardation in the U.S. are generally said to have started in Providence, Rhode Island in

1894.

Valentin Hauy started the first formal institution for blind youth in Paris in 1784. In England, the first

school for the blind was opened in Liverpool in 1791. Post invention of Braille system by Louis

Braille in 1832 witnessed growth of many schools for the children with visual impairment. However,

the education for children with visual impairment gained momentum only in the 20th century. Helen

Keller became the first deaf-blind person to get a college degree in 1904 and this event could be

marked as a landmark in the history of education for the blind in the world. Sullivian, also a deaf-

blind person, was a student of Howe, who tutored Helen Keller.

Pedro Ponce de Leon of Spain, in the late 1500’s was perhaps the first to demonstrate that deaf can be

taught and they are capable of learning. The first school for the deaf started in France during 1700’s.

Abbe de I’Epee in Paris, Thomas Hopkins Gallaudet in USA, Pedro Ponce de Leon in Spain, Jacob

Periere in France, Samuel Heinicke in Germany and Thomas Braidwood in England were the pioneers

in the growth of special education of the deaf. Gallaudet established the first residential school for the

deaf in 1817 in Hartford, USA. The Gallaudet College in Washington D.C., is the only college for the

deaf which was named in his honour.

As early as 1930, parents began to unite efforts and bond together to share problems and to seek

answers for the education and care of exceptional children. The first parent group to organize on

behalf of children with disabilities was the parents of children with cerebral palsy. Shortly thereafter,

the National Association of Retarded Children was organized in 1950. Subsequently, organizations of

parents with similar interest of the learning disabled, gifted, and talented have been formed. Parents

persistently encouraged the educators to recognize their rights as parents to seek relief for their

children and to pass laws that would meet the needs of children with special needs.

Finklestein (1980) has divided the history of disability into three distinct and sequential phases. The

period before the European industrial revolution was termed as first phase which was characterized

by agrarian feudalism and some cottage industries. During this period, there was scant social mobility

and the mode of production did not exclude disabled people from active participation in their local

communities. The second phase was associated with the industrial revolution and immediate

aftermath, when disabled people were effectively excluded from being engaged in paid employment.

This was because they were not able to maintain the pace set by the factory system. Consequently,

disabled people were separated and socially excluded from mainstream social and economic activity.

He further maintains that during the third phase, which relates to the current period, disabled people

will witness and experience their liberation from social oppression, which is rights based and

empowerment oriented.

By now you will have a fair idea about the international scenario regarding the status of persons with

disabilities. Elaborate your views regarding the international scenario.

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1.3.2 National The sage Charaka studied the phenomenon in details and postulated the causes for the disabilities.

However, there is no evidence in literature, which indicates that some form of educating the disabled

too existed at that time. It is possible that the scholars were forbidden to undertake any attempt to

educate any type of disabled persons due to negative attitudes then prevalent. Sage Manu does not

give equal status to the disabled in a society. The disabled persons along with the women, the aged

and the animals were put into a separate category and were thus discriminated as being unequal. They

were debarred from participating in social functions of religious nature. Manu also recommended that

these members of the society be given no share in inheritance.

In the Ancient India. many important figures such as Kautilya, (known as the Machiavelli of India,

was the author of a Treatise on Political Administration called Artha Shastra) the mentor and political

Guru of Chandra Gupta Maurya (321 BC - 279 BC), Emperor Ashoka (269 BC - 232 BC) and even

the Mughal Emperors (14th and 15th Centuries, AD), brought in many statutes which ensured the

security of the downtrodden and poorest such as the aged, the ill and infirm. They ensured easy access

to public health, focused on the self-reliance, and earmarked sustained livelihoods for the lower

classes. Here specific mention must be made of Chandra Gupta who established workshops for the

vocational rehabilitation of people with physical impairments and those who are socially

disadvantaged members in society.

When the British took over political power in India, the programs and policies that the Rulers

implemented in their mother country of Great Britain were also implemented here. Even after the

Indian Independence the policy of charity towards persons with disabilities, a legacy of colonial times,

continued. Christian missionaries and other voluntary organizations were engaged in providing

services to the persons with disabilities (PWD) on a charity mode. The attitude of the society towards

PWDs had not changed much, which is a crucial responsibility of the government and the civil

society.

In India, the PWDs were not kept in institutions and they used to live in the community, which could

be termed to some extent as co-existence in a limited inclusive setting, though the treatment, and

attitudes were at variance. As far as the education was concerned, even the Gurukula Ashram

promoted the basic educational principles of special education like ascertaining the abilities and needs

of each pupil, individualization of teaching targets and methods to match the skills and interests and

preparing them to meet the social expectations of their prospective interests.

The history of special education has been very encouraging. The first school for mental retardation

was established in 1940 as per the report of the expert group of the National Planning for the Mentally

Handicapped held at New Delhi on 12-17 November 1979. Education of the blind children is more

than a century old. The first school for the blind was established by Miss Anne Sharp in Amritsar in

1887. At Palayamkottai, another school for the blind was established in 1890. Subsequently, in 1897,

Sri Lal Behari Shah started a blind school in Calcutta. Pre-independence period witnessed the growth

of 32 schools for children with visual impairment. Dr. Leo Meurius started the first school for the

deaf that Mazagaon in 1884, the idea of which was conceived by Dr. Heaurue. The second one,

called Calcutta Deaf & Dumb School was established in 1893 and the third school at Palamakottai in

Tamil Nadu in 1896. At the time of independence, there were 38 schools for the deaf.

1.4 CONTEMPORARY PERSPECTIVE

The persons with disabilities and others came together to build a rights based society for persons with

disabilities by realizing that the real issue for persons with disabilities is not of rehabilitation but of

equal rights and entitlements. The persons with disabilities in various countries of the world are now

convinced that a new beginning has already been made. They do not perceive themselves as separate

and isolated individuals but as people with capabilities to contribute to the society in which they live.

The various international and national legislations have contributed in this direction.

1.4.1 International The universal declaration of human rights of the United Nations (1948) adopted by the General

Assembly of United Nations does not specifically cover the persons with disabilities but the article 1

and 2 are relevant to persons with disabilities which says that “all human beings are born free and

equal in dignity and rights. They are endowed with reason and conscience and should act towards one

another in a spirit of brotherhood”.

The declaration on the rights of the disabled persons (1975) was the most significant commitment on

the protection of Human Rights of persons with disabilities. This Declaration on the Rights of Disa-

bled Persons calls for national and international action to ensure that it will be used as a common basis

and frame of reference for the protection of these rights.

The convention on the rights of the child (1989) was another step in the direction of recognizing

human rights. It says that “a mentally or physically disabled child should enjoy a full and decent life,

in conditions which ensure dignity, promote self-reliance and facilitate the child’s active participation

in the community”.

The Salamanca Framework for Action, 1994 states that the fundamental principle of the inclusive

school is that all children should learn together, wherever possible, regardless of any difficulties or

differences they may have. Inclusive schools must recognize and respond to the diverse needs of their

students, accommodating both different styles and rates of learning and ensuring quality education to

all through appropriate curricula, organizational arrangements, teaching strategies, resource use and

partnerships with their communities. There should be a continuum of support services to match the

continuum of special needs encountered in every school which is to create enabling school.

According to the United Nations Committee on Rights of the Child, 1997, inclusion means:

• Educating children with disabilities in the schools they would attend if they did not have

disabilities

• Providing services and support that parents and children with disabilities need in order to be in

normal settings.

• Supporting regular education teachers and administrators.

• Having children with disabilities follow the same schedule as other children.

• Encouraging friendships between children with disabilities and their classmates/peers without

disabilities.

• Teachers and administrators taking these concerns seriously.

• Teaching ALL children to understand and accept differences

•

(UNESCO - at the UN-Committee on Rights of the Child October 6, 1997 - Centre for Human Rights,

Geneva)

The Dakar Framework for Action adopted a World Declaration on “Education for All” (EFA) in

2000, which established the goal to provide every girl and boy with primary school education by

2015. It also clearly identified Inclusive Education (IE) as a key strategy for the development of EFA.

The major objective of the Asian Pacific Decade of the Disabled Persons, 1993-2002 was full

participation and equality of persons with disabilities. It has focused on the promotion of special

efforts to foster positive attitudes towards children and adults with disabilities, and the undertaking of

measures to improve their access to rehabilitation, education, employment, cultural and sports

activities and the physical environment.

Biwako Millennium Framework for Action (BMFA) towards an inclusive barrier-free and rights-

based society for persons with disabilities in Asia and the Pacific was adopted extending the Asian

and Pacific Decade of Disabled Persons to 2003-2012. It has 7 priority areas for action viz.,

1. Self-help organizations of persons with disabilities and related family and parent associations,

2. Women with disabilities,

3. Early detection, early intervention and education,

4. Training and employment, including self-employment,

5. Access to built environments and public transport,

6. Access to information and communications, including information, communication and

assistive technologies and

7. Poverty alleviation through capacity building, social security and sustainable livelihood

programs.

United Nation Convention on the Rights of the Persons with Disabilities (UNCRPD), 2008 is the

most progressive convention in the world for promoting, protecting and ensuring the full and equal

enjoyment of all human rights and fundamental freedoms by all persons with disabilities and to

promote respect for their inherent dignity. The convention gives importance to all aspects of the life of

persons with disabilities. Article 4 says that States Parties undertake to ensure and promote the full

realization of all human rights and fundamental freedoms for all persons with disabilities without

discrimination of any kind based on disability.

1.4.2 National Despite having a progressive Constitution, an enlightened and alert judiciary, and a fast evolving legal

regime with a clear disability focus, the ground level situation in the country leaves much to be

desired. There is little impact of recent changes in law and policy, and that too is limited to small

pockets of urban India. The slow pace of process of change can be attributed to the social construction

of disability that views it as an individual issue and considers family as the primary institution

responsible for dealing with it.

Though there is a long tradition in India of caring for the weak and vulnerable by family members at a

great personal sacrifice, the role of the family as a sole support for people with disabilities grew out of

the failure of colonial rulers in maintaining social safeguards that were available throughout ancient

and medieval India. In fact, the concept of charity got introduced in India during British rule to

basically contain problems of destitution, beggary, crime, and delinquency, which grew out of

proportion with the diminishing of social safeguards that existed earlier.

The Constitution of India: Equality, dignity, autonomy and liberty are the founding principles of

constitution of India. The constitution has a provision for equality. Under the right to equality the

Constitution of India guarantees to all citizens equality before law and equal protection of law (Article

14); and it prohibits discrimination on grounds of ‘religion, race, caste, sex, place of birth or any of

them’ (Articles 15 and 16).

Article 15 further states that state shall not discriminate against any citizen on grounds of religion,

race, caste, sex & place of birth or any of them. The formal recognition of discrimination on grounds

of disability is a recent phenomenon.

The Preamble, the Directive Principles of State Policy and the Fundamental Rights enshrined in the

Constitution, envisage a very positive role for the State towards its disadvantaged citizens.

Article 41 declares that, ‘(T)he State shall, within the limits of its economic capacity and development

make effective provision for securing the right to work, to education and to public assistance in cases

of unemployment, old age, sickness and disablement.’

Article 46 lays down an obligation on the State ‘(T)o promote with special care the educational and

economic interests of the weaker sections of the people, … and … protect them from social injustice

and all forms of exploitation.’

National Policies: The National Policy on Education (N.P.E.), 1986 & Programme of Action

(POA) (1992) focuses its attention on education of handicapped children. The objective of this policy

is to integrate the physically & mentally handicapped children with the general community as equal

partners, to prepare them for normal growth. It was suggested to have integrated schools where ever

feasible so that children with mild disability can be educated in normal schools.

The integrated education of disabled child (IEDC 1974) scheme modified in the year 1992, gives

maximum emphases on education of children with disability in normal schools by the help of Itinerant

Teachers

District Primary Education Programme (DPEP 1996) stressed the need to incorporate the education

of children with disability in primary educational programme.

The Action Plan of the Ministry of Human Resource Development (MHRD) is to make mainstream

education not just available but accessible, affordable and appropriate for students with disabilities.

Quality of education for these children is also a concern of the action plan covering the following

levels of educational interventions:

- Integrated Child Development Services (ICDS) programs for the children in the age

group of 0 to 6 years.

- National Rural Health Mission (NRHM) will cover early identification and

intervention of children at risk.

- Sarva Siksha Abhiyan (SSA) for children in the age group of 6-14 years.

- Revised Plan for Inclusive Education of Children and Youth with Disabilities (IECYD)

will include persons with disabilities in the age range of 14-18 years.

The National Policy for persons with disabilities released by the Government of India in 2006 has

inter-alia dealt with

- the physical rehabilitation strategies,

- education for persons with disabilities,

- economic rehabilitation of PWDs,

- women with disabilities, children with disabilities,

- barrier free environment,

- issue of disability certificates, social security,

- promotion of non-governmental organizations,

- collection of regular information on PWDs,

- research, sports, recreation and cultural life, and

- future legislation.

It has also covered extensively the support programs for the individuals with intellectual disabilities

along with other disabilities, which basically take care of the life cycle needs, holistic development

accessible environment, including capacity building. Eleventh Five Year Plan has given adequate

importance and thrust to the support programs to ensure comprehensive access, rehabilitation and

empowerment of the individuals with intellectual disabilities.

The recent initiative – Right to Education

National Legislations: India is currently experiencing the influence of rights and empowerment to the

persons with intellectual disability (ID), though as a Nation we are very proud that there are various

service models, which are widely used. Much of the progress is attributable to the systematic work

undertaken by National Institutions collaboration with Non-Government organizations (NGOs) in the

development of models, human resource development and research and development. The

contribution of Rehabilitation Council of India (RCI) with the support of well-known professionals

and specialists in the field has been constructively great in the growth of the professional courses,

organizations engaged in human resource development and the professionals. More than 45000

professionals and personnel have registered with RCI and 12000 of them constituting 30% belong to

the area of intellectual disability. About 340 organizations have been recognized by RCI to organize

professional courses.

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)

Act, 1995 has also ensured positioning of people to manage the affairs of the persons with disabilities

at State and Central level.

The National Trust has launched many programs which should in still confidence in the parents as

desired in the National Trust Act 1999. Almost all the districts in the country have Local Level

Committees. Many NGOs are working in partnership with National Trust to provide care and support

to the persons with intellectual disability and these NGOs are provided resource support by National

Trust. The mechanisms of these legislations are working to realize the goals, seemingly, with the

satisfaction that things are moving in the desired direction.

1.5 PARADIGM SHIFT

Traditionally, the construct of disability is based on medical factors. It was strongly believed that

disability was something to be treated and cured like a disease. Such perceptions lead to fear,

prejudice, pity, ignorance, misplaced patronage and resentment resulting in social practices, which are

discriminatory. It also brings in sympathy, charity and human approach towards the disabled leading

to special schooling concept and promoted charity and welfare.

The psycho model has generally followed the medical model of the disability. The children were not

referred to be as defective or impaired, but deficits or deficiencies are pointed out within the child and

the same are required to be compensated with additional resources. This model is called integration in

which the child is expected to fit in into the system without the school bringing in any substantial

changes in its culture, ethos and practices.

The recent understanding of the disability is based on diversity and inclusion and society and law have

been considered as equally and if not more responsible for the disabled condition of the PWDs. In

this model, solutions are found not by curing or compensating a child but by accepting, valuing and

celebrating a child and his/her ability. It is based on the principles of equality and equity, unlike the

medical model which is prescriptive indicating a sense of hierarchy and control, or the psycho model,

which is a no-change situation emerging from a sense of superiority in the existing school system.

The equality advocated under this model is not the sameness. It does not mean a forced equal

treatment but refers to giving an equal opportunity and removing the barriers involved in the

educational process. Under the diversity perspective or the sociological view, the system looks

inward, it becomes reflective and a reform process begins. This leads to true inclusion not only of the

disabled but also of all other children. Sociological perspectives on the disabled and their education

have a boost since the Salamanca Statement (UNESCO, 1995).

1.5.1 Special setting vs. Inclusive settingThere is no denying that special settings will be required as models for the severe and profound cases.

Special settings will also be required to build knowledge and develop resources. However, there is a

danger of getting isolated and estranged within our own society, if we do not advocate for

inclusiveness.

1.5.2 Centre driven and community based servicesSome specific services and interventions have to be handled by centers, but catering the needs of the

entire population through special schools or service centers will not be possible due to resource

limitations and economic conditions. It will also not be possible for the people in the rural area to

avail services in urban centers due to high costs and time constraints. If the community itself

undertakes the rehabilitation services, social entrepreneurship will increase. This will naturally ensure

enhanced acceptance of the persons with disabilities.

1.5.3 Urban and rural orientationMany developments do take place with the initiatives of people in the urban areas, which will be

useful to the clients. However, the real needs of the rural population are not seen and appreciated, if

rural orientation is not part of the program development. It has been realized that the needs of rural

population are different from the urban areas and therefore, the service models have to address such

needs, taking into account the social, cultural, ecological, geographic and economic conditions of the

community. It is an accepted fact that the mild and upper moderate categories of persons with

disabilities can find within the community the required rehabilitation support, provided we build

capacities accordingly. Therefore, the strengths of urban models are to be viewed as opportunities for

rural programs but not to be transplanted as these have tendency to become weaknesses in the

program delivery.

1.5.4 Welfare and Rights & Empowerment

We have strong history of delivering the rehabilitation services to the persons with intellectual

disability on welfare model and even now people look at the services as such only. Welfare

perspective builds into the system spasticity not allowing the rights and empowerment to blossom.

Welfare angle is convenient in the delivery of services which does not look beyond the intervention

holistically, while the rights and empowerment have to travel the extra mile of creating the

environment to be enabling and empowering.

1.5.5 Management by Professionals and Parents or Self-Help GroupsParents of children with disability have been the most influential factors in the education and the

delivery of services to children with intellectual disabilities through out the history of special

education. Parent groups were considered as the vital links in advocacy and development of the

persons with intellectual disabilities. These organizations have gained strength through painstaking

and after self-sacrificing efforts. Parents have lobbied for referrals and initiated community services.

They have also played a great role in public policy. The Parivaar an organisation of parents is

instrumental in bringing out a legislation viz., National Trust for the welfare of the persons with

autism, cerebral palsy, mental retardation and multiple disabilities. They are also very influential in

bringing a change in the mindset towards intellectual disability in the community.

“Nothing about us without us” is the message of David Werner, which has to configure in all our

programs whether it is a delivery of service, a development program or research program.

Professionals need to recognize the importance of the inputs given by the parents and promote the

self-help groups as partners in the pursuit of empowering the persons with intellectual disability

1.5.6 Individual and Team workOrganizational strengthening is a major concern of quality services namely, service values and

meaning, rights and needs of persons with intellectual disabilities (ID), individual attention to them,

informed choice of the parents and the persons with intellectual disability and resource management.

Teamwork is a major contributor for organization strengthening. Specialists usually tend to be driving

in their own perspective. Research evidence suggests that holistic approach centering on the persons

with ID will ensure effective teamwork. Promoting the interdisciplinary, multidisciplinary and trans-

disciplinary inputs in the curriculum of professional courses will build better teamwork.

1.5.7 Traditional Process and Technology driven process

The advantages of technology driven process, if costs do not forbid, need to be availed, which will

ensure quick responses to the clients’ delight. Traditional processes have inherent disadvantages.

Wherever it is not possible for the process to be supported by technology, we may continue with the

manual process. However, if technology, particularly Information & Communication Technology,

can alter the entire scenario from good to better, we need not hesitate to take up a concerted action for

public policy and Government support.

1.5.8 Single or a few services and all services under one roofAs the name itself suggests that single or a few services in one roof do not take the clients long in the

transformation of empowerment, as there is a vacuum at every terminal point. All services under one

roof concept can be encouraged to understand the client holistically and provide continual

transformation intervention effectively. The former method of single or a few services is largely in

vogue in our country due to obvious reasons, but considering the advantages of the latter method,

though complex and expensive initially to implement, will be beneficial to the persons with ID and

their families in the long range.

1.6 UNIT SUMMARY

• Nature and nurture has a substantial role to play in growth and development of human beings.

Education of the persons with disabilities has evolved as an essential responsibility of the Government

not only because of the Constitutional provisions but also with the UN mandates. The 19 th Century

saw the advent of special education in Europe and America. Many physicians, psychologists and

educators took initiatives in the development of special education.

• The general principles of the United Nation Convention on the Rights of the Persons with

Disabilities (UNCRPD) are to promote, protect and ensure the full and equal enjoyment of all human

rights and fundamental freedoms by all persons with disabilities, and to promote respect for their

inherent dignity.

• Constitution of India recognizes the rights of the persons with disabilities. There are specific

Acts concerning the PWDs. Rights based inclusive model is to be promoted and it is the

responsibility of the society and Government to ensure empowerment of the persons with disabilities.

• There is an evident shift in the understanding the concept of disability and recognizing their

rights as equals like others. There is a need to ensure equal opportunity, protection of rights and full

participation of the persons with disabilities.

1.7 CHECK YOUR PROGRESS

1. Fill in the Blanks

a) Biwako Millennium Framework for Action has ______ priorities.

b) United Nations CRPD focuses mainly on _________________________________

c) The constitution of India prohibits discrimination on grounds of ______________________

________________________________.

2. Mention if the following sentences are True or False

a) Persons with Disabilities Act 1995 has covered all the provisions of UNCRPD – True/False.

b) National Trust deals with persons with hearing impairment only – True/False.

1.8.1 ASSIGNMENTS/ACTIVITIES

Please identify the factors in your school and the community, which work discriminately against the

persons with disabilities.

Organize one focus group discussion on historical and contemporary perspectives regarding disability

in India.

1.9 POINTS FOR DISCUSSION AND CLARIFICATION

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1.10 REFERENCES

Finklestein V (1980) Attitudes and Disabled People: Issues for Discussion, World Rehabilitation

Fund, New York.

Govinda Rao L (2007), Perspectives on Special Education, Neelkamal Publications Pvt. Ltd.,

Hyderabad.

Biwako Millennium Framework for Action (2002)

Constitution of India.

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

National Trust for Welfare of the Persons with Autism, Cerebral Palsy, Mental Retardation and

Multiple Disabilities Act 1999.

Rehabilitation Council of India Act, 1992.

UN Convention on the Rights of the Persons with Disabilities 2008.

UNIT – 2: NATURE & NEEDS

STRUCTURE2.1 Introduction:

2.2 Objectives

2.3 Meaning types and definition of disability

2.4 Causes of disabilities

2.5 Functional deficits and special needs.

2.6 Good Disability Rehabilitation Practices

2.7 Unit Summary

2.8 Check Your Progress

2.9 Assignments/Activities.

2.10 Points for Discussion and Clarification

2.10.1 Points for Discussion

2.10.2 Points for clarification

2.11 References

2.1 INTRODUCTION

The human body is composed of a number of organ-systems. Damage to any of them may give rise to

problem in receiving education and undertaking of social activities. But damage of one limb or organ

does not totally incapacitate the individual. Unfortunately, the society has believed that persons with

disabilities (PWD) can’t undertake productive work. This impression needs to be eradicated. The

society should realize that the disabled people are endowed with different abilities.

The history of the world has lots of examples of people with disability who have made very

significant growth and social contribution. Therefore, it is necessary to change the predominantly

negative perception into a realistic broad positive perception of people with disabilities. Experience

shows that many disabilities can be prevented. Even if some disabilities do occur their severity can be

reduced by simple and timely interventions.

The basic human needs for a satisfactory human existence are universal - the physical needs of food,

health, shelter, clothing and social needs of education, creative employment, individual freedom

and ability to participate in the prevailing social system. To be denied any of these needs is to be

denied the prospect of a fulfilled life. It becomes the fundamental obligation of the society and the

state to make necessary efforts for the fulfilment of the basic human needs of the entire population

including the person with disabilities.

2.2 OBJECTIVES

After going through this Unit, you will be able to:

1. Understand the meaning and definition of disability as per the PWD Act 1995.

2. Know the various types of disability, causes of disability and the functional deficits of

the PWD.

3. Understand the services and support needed by the PWDs on rights and inclusion based

approach.

4. Acquaint with good rehabilitation practices for creating an enabling environment for

the children with disabilities (CWD).

2.3 MEANING, TYPES AND DEFINITION OF DISABILITIES

2.3.1 MeaningThe World Health Organization (WHO) has defined the terms ‘Impairment’, ‘Disability’ and ‘Handicap’ in 1980 through the publication of the

International Classification of Impairments Disabilities and Handicaps (ICIDH). This is a manual of classification relating to the consequences of

diseases. The ICIDH proposes the concepts and definitions of Impairment, Disability and Handicap and discusses the relation between these dimensions.

It is based on a linear model implying progression from disease, impairment and disability to handicap.

ICIDH Model (WHO 1980)

Impairment: According to the ICIDH, impairment is any loss or abnormality of psychological,

physiological or anatomical structure of functions generally taken to beat organ level. Impairment is a

damage to tissue due to disease or trauma. A person who has poor or no vision due to damage to

retina or optic nerve may be said to have a visual impairment.

Disease Impairment Disability Handicap

Disability: Disability has been defined as any restriction or lack of ability to perform an activity in the

manner or within the range considered normal for a human being, generally taken to be at the level of

the individual. Disability denotes the consequences of impairment in terms of functional performance

and activity by the individual. A person who has an optic nerve or retinal damage would have

limitations in performing those tasks that requires the use of eyesight.

Handicap: The ICIDH defines Handicap as a disadvantage for an individual, resulting from an

impairment or disability that limits or prevents fulfilment of a role that is normal for that individual.

International Classification of Functioning (ICF): The definition of persons with disabilities

described above is based on medical model, which is from the perspective of Disease to be cured.

However with the changing environment in respect of dignity of persons with disability, in 2002, the

WHO revised the classification, by describing disability from the point of view of 'functioning’. It

adopted the International Classification of Functioning, Disability and Health (commonly referred to

as the ICF) which integrates the two opposing models – the medical and the social model. This will

become clear to you as you read further.

When the impairment does not affect a person in functioning, it does not disable the person.

According to WHO’s latest definition of disability as stated by the International Classification of

Functioning, Disability and Health. The new understanding of DISABILITY is shown in the diagram

below:

"Disability is an umbrella term, covering impairments, activity limitations, and participation

restrictions. Impairment is a problem in body function or structure; an activity limitation is a

difficulty encountered by an individual in executing a task or action; while a participation restriction

is a problem experienced by an individual in involvement in life situations. Thus, disability is a

complex phenomenon, reflecting an interaction between features of a person’s body and features of

the society (environment) in which he or she lives."

Let us understand what the definition means, and what the different terms in the definition mean.

Body function and structure(Impairment)

Level of Body

Activity (Limitations)

Level of Person

Participation (Restrictions)

Level of Society

- Body functions are the physiological functions of body systems (including psychological

functions) .

- Body structures are anatomical parts of the body such as organs, limbs and their components.

- Impairments are problems in body function or structure such as a significant deviation or loss.

- Activity is the execution of (carrying out of) a task or action by an individual.

- Participation is involvement in a life situation (such as the role of a daughter, student, member

of a club, community functions).

- Activity limitations are difficulties an individual may have in executing or carrying out

activities.

- Participation restrictions are problems an individual may experience in involvement in life

situations.

- Environmental factors refer to the physical, social and attitudinal environment in which

people live and conduct their lives.

The ICF definition recognizes that the impairment restricts the person’s range of activity and so

prevents her/him from participating in community life to the fullest. However, the definition also

states that when the environment adapts and provides support, then the person is able to participate to

the maximum extent possible in family and community life. Thus, the impairment does not disable the

person. In other words, the adapted and supportive environment prevents the impairment from

becoming a disability.

The ICF emphasizes that disability is the effect of the non-accommodating environment – an

environment that creates barriers for the person with impairment. If the environment adapts itself and

provides the required level of support to the person, then the person would find it relatively easy to

lead a full life with his impairment. This is what we have to aim for - to reduce the barriers of the

environment as much as possible, so that the person is not limited or restricted in any way to function.

To state it differently, the concept of functioning measures disability by the opportunities provided in

the environment for a person with disability to participate as a ‘full and equal’ citizen, to enable

her/him to function as independently as possible.

The ICF puts the idea of ‘health’ and ‘disability’ in a new light. It states that every human being can

experience a reduction (fall) in health and thus experience some degree of disability. Disability is not

something that happens to only a few people. Thus, the ICF brings the experience of disability in the

mainstream of society and recognizes it as a universal human experience. It does not focus on the

cause of the disability but on its impact on the person. The impact of the disability is to be measured

(seen) in terms of the extent to which it limits (restricts) the activities of the person and limits the

participation of the person in family and community life. While focusing on the impact, it is seen as

the responsibility of the society to create conditions for participation.

2.3.2 Types of DisabilityAccording to the Persons with Disabilities (Equal Opportunity, Protection of Rights and Full

Participation) Act, 1995, “person with disability” means a person suffering from not less than forty

per cent of any disability as certified by a medical authority and there are seven types of disabilities:

i) Blindness

ii) Low vision

iii) Leprosy-cured

iv) Hearing impairment

v) Locomotor disability

vi) Mental retardation

vii) Mental illness

2.3.3 Definitions(i) “Blindness” refers to a condition, where a person suffers from any of the following conditions;

namely:

1. Total absence of sight; or

2. Visual acuity not exceeding 6/60 or 20/200 (Snellen) in the better eye with correcting

lenses; or

3. Limitation of the field of vision subtending an angle of 20 degree or worse.

(ii) “Person with low vision” means a person with impairment of visual functioning even after

treatment or standard refractive correction but who uses or is potentially capable of using vision

for the – planning or execution of a task with appropriate assistive device.

(iii) “Leprosy cured person” means any person who has been cured of leprosy (bacteriologically) but

is suffering from:

1. Loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and

eye-lid but with no manifests deformity.

2. Manifest deformity and paresis but having sufficient mobility in their hands and feet to

enable them to engage in normal economic activity.

3. Extreme physical deformity as well as advanced age which prevent him from

undertaking any gainful occupation and the expression “leprosy cured” shall be construed

accordingly.

(iv) “Hearing Impairment” means loss of sixty decibels or more in the better ear in the

conversational range of frequencies.

(v) “Locomotor disability” means disability of the bones, joints or muscles leading to substantial

restriction of the movement of the limbs or any form of cerebral palsy;

(vi) “Mental retardation” means a condition of arrested or incomplete development of mind of a

person which is specially characterized by sub normality of intelligence.

(vii) “Mental illness” means any mental disorder other than mental retardation.

The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and

Multiple Disabilities Act, 1999 covers the following disabilities:

1. Autism

2. Cerebral Palsy

3. Mental Retardation

4. Multiple Disabilities

Mental Retardation is common in both the Acts and its definition has been covered earlier. Definition

of the other three disabilities is as under:

1. Autism means a condition of uneven skill development primarily affecting the communication

and social abilities of a person, marked by repetitive and ritualistic behaviour.

2. Cerebral Palsy means a group of non-progressive conditions o0f a person characterised by

abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal,

perinetal or infant period of development.

3. Multiple disabilities means a combination of two or more disabilities as defined in clause (i) of

section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full

Participation) Act,1995.

Severe disability means disability with eighty per cent or more of one or more of multiple disabilities,

as per Section 2(o) of the National Trust Act.

2.4 CAUSES OF DISABILITIES

The causes of impairment may be different. However, there are certain general factors, which may

give rise to impairment:

• Viral infection of the mother, particularly in the first three month of pregnancy;

• Blood incompatibility between mother and father;

• Prolong labour and difficult delivery;

• Medical examination during the process of birth;

• Severe jaundice in early childhood;

• Very high fever in early childhood;

• Low oxygen during the process of birth.

Major causes of impairment related to various functions are given below:

Causes of Visual Impairment

• Vitamin A deficiency, in early childhood may cause a condition called Xerophthlmia or dry

eyes and opacity of the cornea.

• Congenital Cataracts caused by some abnormalities during pregnancy or inheritance.

• Pre- maturity in the administration of high concentration of oxygen in the incubator giving

rises to retinopathy of pre-maturity; this may result total loss of sight.

• Cataracts – usually occurring in middle old age. This condition is amenable to treatment by

surgery.

• Glaucoma – High pressure in the eye resulting in damage of retina.

Causes of Hearing Impairment

• RH incompatibility in the blood of mother and father.

• Accumulation of large amount of wax in the ear.

• Immobilization of the three bones, behind the ear drum.

• Untreated discharging ear.

• Untreated and sustained cough and colds.

• Brain Damage.

• Damage to ear drum through trauma.

• Infections.

Causes of Locomotor Impairment

• Polio

• Congenital deformities of limbs.

• Accidents.

• Trauma

• Falls from heights.

• High fever in early childhood.

• High blood pressure leading to stroke.

• Brain damage during the peri-natal process.

• Lack of oxygen.

Causes of Mental Retardation

• Endocrinal deficiency like diabetes during pregnancy.

• Trisomis, i.e., splitting of one of new chromosomes during pregnancy.

• Pre-maturity

• Low birth weight.

• Too small a brain

• Too large a brain.

• Head Injury in childhood.

• Severe Jaundice in early childhood.

• Anoxia

• Lack of oxygen to the brain.

Causes of autism

• Biological basis: Medical screening and intervention techniques like CT, PET, SPECT, and MRI

have indicated major brain structures like cerebellum, cerebral cortex, limbic system, corpus callosum,

basal ganglia and brain stem to be affected in the condition of autism.

• Abnormal brain developments in the infant’s first month of life have indicated genetic defects later

leading to condition of autism.

• Studies on identical twins have shown a sixty percent chance of developing autism if one of the

twins has this condition. In contrast, non-identical twins do not show an increased chance of having

autism if one of the twins has it.

• Autism spectrum disorders have a definite genetic factor but may also involve environmental

factors because not every identical twin of an autistic child develops the condition.

• Years of studies and research have confirmed that autism is not a result of bad parenting and is not

caused by psychological factors in the development of the child.

Causes of Learning Disability

There is little agreement on the causes of learning disabilities, because so many different types of

children come under this category. There is no single or a primary cause for learning disabilities,

there are many causes for the problems. Some of the causes are the same as that of mental

retardation/intellectual disability.

In dyslexia, the two hemispheres and the corpus callosum do not function properly. There is slow

transfer of visual (input through eyes) and auditory information (input through ears) from one

hemisphere to the other due to an abnormally developed corpus callosum. As a result of which the

specific language area-the angular gyrus in the left hemisphere does not receive proper input and

resultant behaviour is manifested as a symptom of learning disability.

Clinical and research evidence have suggested a neurodevelopment (development of the brain and

nerves) basis for a range of learning difficulties, including delay in reading. It has been found that

persistence of primary reflexes in the child to be linked with learning difficulties.

2.5 FUNCTIONAL DEFICITS & SPECIAL NEEDS

Functional deficits: It is a fact that every living being explores the immediate environment for the

purpose of basic living as under:

1. Seeing: What is available in the nature, primarily for food, from protection, and for

movement.

2. Hearing: Hearing helps the person to protect from dangers, find out the signals and become

alert. Hearing also helps in receiving communication for daily living.

3. Movements: Movement is basic need for daily living. This will also helps the man in

interacting with the environment for his food, seeking information and fulfilling his needs by working

on self-imposed tasks.

4. Thinking & Understanding: This is a critical aspect of every human being’s life. Absence of

this vital mechanism will make a man helpless and dependent on the family and community.

Thinking and understanding will help a person to take decisions and thereby using the physical and

sensory organs according to the requirements.

The environment may be impossible to control or to approach, and choice may be unavailable to the

person with a disability. Limitations due to disability may cause frustration and guilt feelings about

forced dependence. The person with disability may have low level of self esteem and lacks confidence

in facing the environment. The limitations of disability often isolate the person with disability from

the immediate environment and from normal daily interaction with peers as well as with the society.

Continuing medical and surgical interventions may mean long and painful separation from family

during hospitalizations, and this in turn may lead to over protectiveness and guilt on the part of the

parents.

A person with disability has, therefore, denies or deprives himself the opportunities of exploiting the

environment to the advantage of his/her daily living. For example, a person with visual impairment,

unless encouraged and supported by the family members, will shy away to come out of the house and

mix with community. Similarly, a person with locomotor disability would turn away from her/his

peers lest she/he would be ridiculed. In such situations, the community has the responsibility to create

a friendly environment wherein the disabled do not have inhibitions and can make a step forward to

explore the environment.

The functional deficits of various disabilities are given below:

A. Locomotor Disability:

Having no body movement control

Lack of control all over the body.

Widespread continuous muscle tension or stiffness.

Person with absence of hand/hands/leg/legs/foot/feet

Person who is having difficulty in walking, standing, sitting

Difficulty in lifting, holding or keeping objects on floor

Person having muscle weakness or muscle imbalance.

B. Visual Impairment:

Person unable to see.

Person who can see partially (having low vision)

Person unable to see things clearly from a little distance

Person who can not identify the fingers from a little distance

Difficulty in estimating the distance.

Dependent on other senses.

C. Hearing Impairment:

Person unable to hear

Person who can hear partially

Person who is using hearing aid

Person who is unable to speak and communicate clearly

Person with unclear speech

Person who hears in high pitch and cannot hear low pitch voice

Person using sign language to communicate.

D. Mental Retardation:

Unable to recognize common shapes like round, square, curved and straight.

Slow in physical & mental activities

Finds it difficult to develop fine motor skills like drawing, painting and even handwriting.

Difficult to concentrate on any kind of activities.

Difficulty in attending to group activities.

Unable to participate in the play of their own age group.

Prefers the companionship of children younger than her/him.

Feels shy in group activities.

E. Mental Illness:

Find difficulties in the following areas.

Self-care

Interpersonal Activities (Social relationships)

Communication and understanding work

F. Learning Disability: Learning disability comprises of different types like, difficulty in reading,

writing and mathematics

Signs of reading disability:

- Omission of letters, syllables, words or word endings.

- Addition of sounds, or words/letters,

- Substitution of words/letters,

- Mispronouncing words/letters,

- Reversing whole word/syllable/letters,

- Transposing order of words in a sentence,

- Ignoring punctuation,

- Problems of laterality.

Signs of writing disability:

- Slow in writing

- Improper posture

- Illegible

- Shabby handwriting

- Awkward pencil grip

- Difficulty in formation of letters

- Variable letter sizes

- Poor right/left orientation

- Inability to maintain line

- Mixing of capital and small letters

- Reversal of letters.

Signs of problems in Mathematics:

- Difficulty in pointing to big/small, more/less, and tall/short

- Unable to show that parts put together makes whole

- Difficulty in arranging/grouping objects by size/shape/colour.

- Difficulty in relating number of objects to its symbol, written or verbal.

- Difficulty in naming numerals, copying numerals, understanding concepts of

units/tens/hundreds.

- Difficulty in mathematical judgment and reasoning.

- Difficulty in pointing to numeral when named.

- Reversal of numbers (23/32, 201/102)

Guidelines and suggested strategies for dealing with learning disabilities:

1. As they take much longer time to learn and also get tired quickly, teachers need to

show patience and give sufficient time and space according to their pace of learning.

2. Do not speak too fast.

3. Information concerning the student should be passed on when the student is in

transition.

4. Break activities into small steps.

5. Repeat – both old and new materials, in different ways.

6. Do not use playtime to finish work.

7. Reward any/all good behavior.

8. Do not expect the student to listen and write simultaneously.

9. Teach how to ask questions.

10. Mark positively – tick the good bits.

11. Seek opportunities to praise and build self-esteem.

2.7 UNIT SUMMARY

• The Human organism is composed of many systems like eyes, ears, arms, legs and spine.

Damage to any one of them may create dependence on others; but this dependency can in part be

relieved by either medical treatment or the provision of appropriate aids and appliances.

• People with various impairments need special educational interventions that can be met by

using special teaching techniques and technology. Negative attitude towards disability arises from

their ignorance of the potential of people with disabilities for productive endeavour. This negative

attitude can be eradicated through proper intervention measures such as imparting of special

education, appropriate vocational training and empowering people with disabilities.

• Disability is the creation of the able-bodied people. The types of disabilities are based on

sensory, intellectual and physical aspects of the individuals. Nature of each disability is different from

the other but some of their needs are common particularly the societal attitude and barrier-free

environment. There are many causes, which can be prevented.

• The functional deficits of PWDs can be overcome with proper support and services. Assistive

devices and assistive technology will greatly help the PWDs to develop and be independent. There

are very special needs and these needs to be looked from the perspective of full life cycle needs,

holistic development and creating enabling and empowering environment.

• Good Rehabilitation Practices will help empower the PWDs.

2.8 CHECK YOUR PROGRESS

1. What is the full form of ICF?

2. Write any two causes of Visual Impairment.

3. Write any two functional deficits of hearing impairment.

4. Mention the various types of disabilities as per PWD Act.

5. Fill in the Blanks

a) Inability to perform functional activities is called __________________.

b) _________________________ is denoted by anomalies on organ, tissues, or functioning

of body systems.

c) Limitations is fulfilling one’s age appropriate socio-cultural role is know as

______________.

d) Where as ______________ situation specific, ____________ is an aspect of life.

6. Match each of the disabilities which ensuing handicaps

Disability Handicapa) loss of sight i) mobilityb) loss of hearing ii) employmentc) loss of arms iii) schoolingd) loss of legs iv) communicatione) mental deficiency v) self care

2.9 ASSIGNMENT / ACTIVITY

Define the term ‘impairment’ and ‘handicap’ and provide live examples of two such children from

your locality to describe each term.

2.10 POINTS FOR DISCUSSION AND CLARIFICATION

After going through the Unit you may like to have further discussion on some points and clarification

on other. Note down those points below:

2.10.1 Points for Discussion

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2.10.2 Points for Clarification

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2.11 REFERENCES

1. Status of Disability in India (2000), Rehabilitation Council of India, New Delhi.

2. Panda, K.C. (1997), Exceptional Children: New Delhi, Vikash Publishing House.

3. Govinda Rao, L (2007), Perspectives on Special Education: Hyderabad, Neelkamal

Publications Pvt.Ltd.

4. Ashman, A & Elkins, J (Eds) (1994) Educating Children with Special Needs, Prentice

Hall, New York.

5. Hallahan, D.P. & Kauffman, J.M.(1991) Exceptional Children : Introduction to

Special Education, Allyn & Bacon, Boston.

UNIT – 3: LEGISLATIVE FRAMEWORK

STRUCTURE3.1 Introduction

3.2 Objectives

3.3 International Legislations

3.3.1 Child Rights & Human Rights

3.3.2 UN Declaration on the Rights of the Persons with Disabilities

3.3.3 The Salamanca Statement and Framework for Action on Special Needs

Education (1994)

3.3.4 Biwako Millennium Framework of Action.

3.3.5 U.N. Convention on the Rights of the Persons with Disabilities (UNCRPD)

3.4 National Legislations

3.4.1 Constitutional provision

3.4.2 Mental Health Act, 1987

3.4.3 RCI Act, 1992

3.4.4 PWD Act, 1995

3.4.5 National Trust Act, 1999

3.5 Unit Summary

3.6 Check Your Progress

3.7 Assignment/Activity

3.8 Points for Discussion and Clarification

3.9 References

3.1 INTRODUCTION

History is evident in depriving the persons with disabilities the rights, opportunities and space in the

society. In the past, the treatment of the persons with disabilities in the society varied from culture to

culture of the countries and even within the country, from region to region. Education has been a

powerful force for creating an Inclusive Society. Awareness is a critical aspect for creating demand

which in turn gives birth to the service facilities in the community. Awareness in a systematic manner

will create enabling and empowering conditions for the persons with disabilities to be part of the

Inclusive Society. Traditional attitudes and beliefs often become obstacles and cause hindrance in the

development process of the disability rehabilitation and empowerment.

Unless the efforts are backed up by the legal framework, people will not take the issues seriously. In

order to ensure that these negative attitudes are rooted out from the society, it is essential to have

separate laws for bestowing or restoring the rights on the persons with disabilities.

We often fail to realise that individual differences are an integral part of life. We need to emphasize

the fact that people with disability can become as productive as the rest of us. Whether the disability,

visible or invisible, mild, moderate or severe, the individual does retain quite a bit of potential for

developing his remaining abilities to his own advantage and advantage of the community. In view of

these strong traditional and cultural attitudes that are not very enabling for the disabled, the legislative

framework was felt as a critical tool for the development and empowerment of the persons with

disabilities.

3.2 OBJECTIVES

After studying the unit on legislative frame-work you will be able to:

1. Understand the evolution of services to the persons with disabilities from a charity mode to

rights mode.

2. Understand and appreciate the need for legal framework to bestow and restore the rights on the

persons with disabilities.

3. Understand the mandate of the UN Convention and other International declaration.

4. Understand the need to comply with the provisions of UN Convention.

5. Acquire an insight into the provisions of various Acts passed by the Indian Parliament related

to the persons with disabilities,. PWD Act, National Trust Act, RCI Act and National Policy on

rehabilitation.

3.3 INTERNATIONAL LEGISLATIONS

In the unit-1 we have discussed in brief about the various international legislations. Now we will

elaborate some of them for a better understanding.

3.3.1 Child Rights and Human Rights

(i) The Convention on the Rights of the Child: The resolution No. A4/25, adopted by General

Assembly on 20 November 1989, was another step in the direction of recognizing human rights.

(ii) The need to extend particular care to the child had been stated in the Geneva Declaration of

the Rights of the Child in 1924

(iii) Declaration of the Rights adopted by the General Assembly on 20 November 1989.

Thus the care for the child was recognized in the

Universal Declaration of Human Rights

International Covenant on Civil & Political Rights (Articles 23 & 24)

International Covenant on Economic, Social & Cultural Rights (Article 10) and

other declarations, the statutes and relevant instruments of significant agencies and

organizations concerned with the welfare of children.

3.3.2 UN Declaration on the Rights of Disabled PersonsThe UN General Assembly proclaimed in 1975 the Declaration on the Rights of Disabled Persons and

called for national and international actions to ensure that it would be used as a common basis and

frame of reference for the protection of these rights:

1. The term “disabled person” means any person unable to ensure by himself of herself, wholly or

partly, the necessities of a normal individual and/or social life, as a result of a deficiency, either

congenital or not, I his or her physical or mental capabilities.

2. Disabled persons shall enjoy all the rights set forth in this Declaration. Theses rights shall be

granted to all disabled persons without any exception whatsoever and without distinction or

discrimination on the basis of race, colour, sex, language, religion, political or other opinion,

national or social origin, state of wealth, birth or any other situation applying either to the

disabled person himself or herself or his or her family.

3. Disabled persons have the inherent right to respect for their human dignity. Disabled persons,

whatever the origin, nature and seriousness of their handicaps and disabilities, have the same

fundamental rights as their fellow-citizens of the same age, which implies first and foremost

right to enjoy a decent life, as normal and full as possible.

4. Disabled persons have the right to medical psychological and functional treatment, including

prosthetic and orthotic appliances, to medical and social rehabilitation, education, vocational

training and rehabilitation, aid, counselling, placement services and other services, which will

enable them to develop their capabilities and skills to the maximum and will hasten the process

of their social integration or reintegration.

5. Disabled persons have the right to economic and social security and to a decent level of living.

They have the right, according to their capabilities, to secure and retain employment or to

engage in a useful, productive and remunerative occupation and to join trade unions.

6. Disabled persons are entitled to have their special needs taken into consideration at all stages of

economic and social planning.

7. Disabled persons have the right to live with their families or with foster parents and to participate

in all social, creative or recreational activities. No disabled person shall be subjected, as far as

his or her residence is concerned, to differential treatment other than that required by him or

her condition or by the improvement, which he or she may derive there from. If the stay of a

disabled person in a specialised establishment is indispensable, the environment and living

conditions therein shall be as close as possible to those of the normal life of a person of his or

her age.

8. Organisations of disabled persons may be usefully consulted in all matters regarding the rights of

disabled persons.

9. Disabled persons, their families and communities shall be fully informed by all appropriate means

of the right contained in this Declaration.

Realizing the need to initiate action at international and national level to guarantee these rights,

two major initiatives were undertaken by the UN. These were the UN Decade for Disabled Persons

(1983-92) and the Asian & Pacific Decade of the Disabled (1993-2002).This movement has been

further extended up to 2012.

3.3.3 The Salamanca Statement and Framework for Action on Special Needs

Education (1994)The Salamanca Statement and the Framework of Action was adopted by the World Conference on

Special Needs Education in Salamanca, Spain in 1994. The framework stems from the messages of the

Jometien World Declaration on Education for All (1990) and was re-affirmed in the Dakar Framework

of Action (2000).

The statement begins with a commitment to education for all. The major approach reiterated in the

conference was inclusive education, which is highlighted by the following statements:

- “Schools should accommodate all children regardless of their physical, intellectual, emotional,

social, linguistic or other conditions.”

- “Regular schools with this inclusive orientation are the most effective means of combating

discriminatory attitudes, creating welcoming communities, building and inclusive society and

achieving education for all;

- moreover, they provide an effective education to the majority of children and improve the

efficiency and ultimately the cost-effectiveness of the entire education system.”

The Statement also calls on the international community to endorse the approach of inclusive

schooling and to support the development of special needs education as an integral part of all

education programmes. In particular, it calls on UNESCO, UNICEF, UNDP and the World Bank for

this endorsement.

3.3.4 Biwako Millennium Framework for Action – Inclusive, Barrier Free and

Rights Based SocietyThe Asian Pacific Decade of Disabled Persons was extended for another decade, 2003-2012 in order

to promote inclusive, barrier-free and rights based society for people with disabilities in the Asian and

Pacific region in the 21st century. It is popularly known as Biwako Millennium Framework for

Action (BMFA). It has 7 priority areas for action, as explained in unit-1 of this block. Though

implementation of the action points to achieve the targets had been taken up by Government of India,

not much progress was achieved. There are considerable shortfalls in all the targets. Towards this

end, the Government has come up with National Policy to undertake programs vigorously.

3.3.5 UN Convention on the Rights of the Persons with Disabilities (UNCRPD)

2008The Convention sets out the human rights of persons with disabilities and the obligations on States to

promote, protect and ensure those rights as well as mechanisms to support implementation and

monitoring.

Article 3 sets out the General Principles that apply to the enjoyment of the rights of persons with

disabilities. These are:

- Respect for inherent dignity, individual autonomy, including the freedom to make one’s own

choices and independence of persons

- Non-discrimination

- Full and effective participation and inclusion in society

- Respect for difference and acceptance of persons with disabilities as part of human diversity

and humanity

- Equality of opportunity

- Accessibility

- Equality between men and women

- Respect for the evolving capacities of children with disabilities and respect for the right of

children with disabilities to preserve their identities.

Article 4 provides that States Parties undertake to ensure and promote the full realization of all

human rights and fundamental freedoms for all persons with disabilities without discrimination of any

kind on the basis of disability. To this end some of the points for consideration by States are as below,

- To adopt all appropriate legislative, administrative and other measures for the implementation

of the rights recognized in the present Convention;

- To take all appropriate measures, including legislation, to modify or abolish existing laws,

regulations, customs and practices that constitute discrimination against persons with disabilities;

- To take all appropriate measures to eliminate discrimination on the basis of disability by any

person, organization or private enterprise;

- To undertake or promote research and development of universally designed goods, services,

equipment and facilities, as defined in article 2 of the present Convention, which should require the

minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities,

to promote their availability and use, and to promote universal design in the development of standards

and guidelines;

- To provide accessible information to persons with disabilities about mobility aids, devices and

assistive technologies, including new technologies, as well as other forms of assistance, support

services and facilities;

- To promote the training of professionals and staff working with persons with disabilities in the

rights recognized in this Convention so as to better provide the assistance and services guaranteed by

those rights. Assistance and services guaranteed by those rights.

There are other provisions in this Article covering economic, social and cultural rights, consultation

with the persons with disabilities including children with disabilities through their representative

organizations, better services already in existence to continue and no limitations and exceptions on

the basis of region.

Article 24 of the convention is about the rights on Education

1. States Parties recognize the right of persons with disabilities to education. With a view to

realizing this right without discrimination and on the basis of equal opportunity, States Parties shall

ensure an inclusive education system at all levels and life long learning directed to:

a. The full development of human potential and sense of dignity and self-worth, and the

strengthening of respect for human rights, fundamental freedoms and human diversity;

b. The development by persons with disabilities of their personality, talents and creativity,

as well as their mental and physical abilities, to their fullest potential;

c. Enabling persons with disabilities to participate effectively in a free society.

The ratification of the UNCRPD sets a major challenge as to how to bridge the huge gap that

exists between the standards set by this international convention and the actual position of existing

services, systems and policies, in our country. India needs now to undertake a massive exercise to

bring all its domestic laws, policies, rules and regulations in harmony with this international treaty

called the UNCRPD.

3.4 NATIONAL LEGISLATIONS

3.4.1 Constitutional ProvisionsAs per the Constitution of India, under right to equality, Article 14 guarantees equality for all its

citizens before law and equal protection of law and similarly, Article 15 and 16 require the States to

afford real equality, prohibits discrimination on the grounds of “religion, race, caste, sex, place of birth

or any of them. Further, to ensure equality in the outcome, the Constitution of India in Article 16 (3 &

4) encourages the State to frame any law, make provision for the reservation of appointments or posts

in favour of any backward class of citizens which, in the opinion of the State, is not adequately

represented in the services. Disabled persons have the same fundamental rights as the non-disabled

enjoy.

Directive Principles of State Policy have to secure a social order in promotion of the welfare of the

people. The State Policy has to be directed to minimize inequalities, secure right to an adequate

means of livelihood and also secure that the operation of legal system promotes justice. The State

shall make provisions for ensuring the right to work, education and public assistance in case of

unemployment, old age, sickness and disablement and in other cases of under-served want. The State

shall endeavour to provide for free and compulsory education for all children until they complete the

age of 14 years. The State has also the responsibility of promoting with special care the educational

and economic interests of the weaker sections of the people. All these provisions are equally

applicable to the persons with disabilities.

3.4.2 Mental Health Act, 1987The laws relating to treatment and care of persons with mental illness was earlier regulated by the

Lunacy Act, 1912. This Act was replaced by the Mental Health Act 1987, with the objective that no

stigma should be attached to such illness as it is curable, particularly when diagnosed at an early stage.

Persons with mental illness are a part of the inclusive society and the state shall remove all barriers to

ensure that persons with mental illness have full and equal opportunities to receive treatment, care and

support and live a life of dignity.

The Mental Health Act ensures that: -

• Persons with mental illness gain timely admission to psychiatric hospitals or nursing homes to

receive treatment.

• Persons with mental illness live in a society that is inclusive and supportive to both persons

with mental illness and non-disabled persons.

• To protect persons with mental illness against abuse from others and prevent them from

committing abuse.

• Persons with mental illness exercise their right to receive care and maintenance during their

time of stay in psychiatric hospitals and nursing homes.

• Persons with mental illness have access to guardianship if they seek assistance in taking care or

managing their own affairs.

• Stringent systems are in place to establish psychiatric hospital and nursing homes and regulate

the quality of services delivered. .

• The Act also creates a central authority and state authorities for mental health services. These

authorities have the responsibility to ensure the implementation of the act at the central and respective

state levels.

3.4.3 The Rehabilitation Council of India Act, 1992The Rehabilitation Council of India (RCI) Act came into force on 22 June 1993. The RCI Act was

amended in 2000. The Act came into force in response to the need to have uniformity and ensure

minimum standards and quality of education and training in the disability field. The RCI is entrusted

with the responsibility to develop standardized syllabi for various rehabilitation courses, and to

regulate and monitor services given to persons with disability. It also aims to maintain a Central

Rehabilitation Register of all qualified professionals and personnel working in the field of

Rehabilitation and Special Education. The Act also prescribes punitive action against unqualified

persons delivering services to persons with disability.

The Rehabilitation Council of India Act has the twin responsibilities of Standardizing and regulating

the training of personnel and professionals in the field of Rehabilitation and Special Education And

maintaining a Central Rehabilitation Register for registration of professionals and personnel working

in the field.

Some of the objectives of the RCI are:

• To regulate the training policies and programmes in the field of Rehabilitation of people with

disabilities;

• To prescribe minimum standards of education and training of various categories of

professionals dealing with people with disabilities;

• To regulate these standards in all training institutions to bring about uniformity throughout the

country;

• To recognise institutions/universities running degree/diploma/certificate courses in the field of

rehabilitation of the disabled and to withdraw recognition, wherever facilities are not satisfactory;

• To recognise foreign degrees/diplomas/certificates awarded by universities / institutions on a

reciprocal basis.

• To maintain Central Rehabilitation Register of persons possessing the recognised

Rehabilitation qualification;

• To encourage Continuing Rehabilitation Education (CRE) for professionals trained and

working in the field, in collaboration with organisations working in the field of disability.

• To promote research in rehabilitation and special education.

• To recognise Vocational Rehabilitation Centres as human resource development centres.

Various Universities, Training Institutes and NGOs conduct training programmes recognized by the

Rehabilitation Council of India. These training courses range from being Foundation Course and

Certificate Course to Diploma, Degree and Post Graduate Diploma courses. Training Courses are

launched by both distance education and traditional face to face modes. Currently there are nearly 340

Institutions recognised by the council who are conducting 56 types of training programmes. Learners

successfully completing their courses are eligible to register in the Central Rehabilitation Register

maintained by the RCI. Successful learners are registered either under the ‘Personnel’ or the

‘Professional’ category depending upon the nature of training they have undergone. As a matter of

fact, any rehabilitation professional wanting to practice in India in the field of disability rehabilitation

must be registered by RCI. Professionals and personnel must also at specific times undergo re-

training by attending various training courses in order to renew their registration.

Rights of persons registered with RCI:

The RCI Act provides certain rights to those persons, who possess a rehabilitation qualification, duly

recognized by RCI, and is enrolled on the Central Rehabilitation Register.

The registered personnel / professional have a right to:

• Hold office and work as a rehabilitation professional in Government or in any institution

maintained by a local or other authority.

• Practice as rehabilitation professional anywhere in India

• Sign or authenticate any certificate required by law to be signed or authenticated by a

rehabilitation professional;

• Give evidence in any court as an expert on any matter relating to the handicapped

Rights of persons with disabilities that emerge from the RCI Act

Persons with disabilities can exercise their right to:

• Be supported by trained and qualified rehabilitation professionals

• Access minimum standards of education required for recognition of rehabilitation qualification

by Universities and other institutions in India.

• Maintenance of standards of professional conduct and etiquette by rehabilitation professionals

• Protected by the regulation of the profession of rehabilitation professionals

II. Write in your own words the main objectives of RCI.

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3.4.4 The Persons with Disabilities (Equal Opportunities, Protection of Rights and

Full Participation) Act, 1995The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act

1995 (PwD Act) is the most important piece of legislation enacted by the Parliament in the history of

disability movement in India. The Persons with Disabilities Act was passed in December 1995, and

became enforceable on Wednesday, 7 February 1996. The passing of this Act gave effect to the

Proclamation on the Full Participation and Equality of people with disabilities in the Asian and

Pacific Region.

The Economic and Social Commission for Asia and Pacific (ESCAP) declared the period 1993-2002

as the Asian and Pacific Decade of Disabled Persons. India, being a signatory to this proclamation,

started the process for drafting and enacting a specific legislation that ensures equal opportunities and

full participation and protects the rights of persons with disabilities. The drafting of the PWD Act was

primarily led by persons with disabilities themselves with support from many like- minded

professionals spanning both government and non-government organisations.

The Act puts the responsibility on society to provide equal opportunities to persons with disabilities

for their full participation in every day life. It prohibits discrimination on the ground of disability in

every sphere of life and strives to create a society where persons with disability lead a life of equality

and dignity.

The main objectives of the Persons with Disabilities Act are summarised as below:

(i) To ensure that the government takes responsibility for prevention

of disabilities, protection of the rights of persons with disabilities, provision of medical

care, education, training, employment and rehabilitation of persons with disabilities.

(ii) To create a barrier- free environment for persons with disabilities.

(iii) To remove any discrimination against persons with disabilities in

the sharing of development benefits

(iv) To protect persons with disabilities against abuses and

exploitation.

(v) To lay down strategies that will ensure comprehensive

programmes and services and equal opportunities for persons with disabilities.

(vi) To make special provisions for including persons with disabilities

in mainstream society.

(vii) To establish Co-ordination Committees and Executive Committees

at the Central and State levels in order to ensure the full implementation of the provisions

under the Act.

At the National Level the Office of the Chief Commissioner of Disabilities being a Statutory Body, is

entrusted with the responsibility of implementing the provisions of the PWD Act. Each state level

Office of the Commissioner of Disability is responsible to implement the provisions of the PWD act in

their state.

Persons with disabilities, their family members, organisations working for persons with disabilities

can approach their State Commissioner of Disability or the Chief Commissioner of Disability if they

face any difficulty in accessing their rights, entitlements and provisions as mentioned in the PWD Act.

The PWD Act recognizes the following seven disabilities –

(i) Blindness,

(ii) Low Vision,

(iii) Leprosy – cured,

(iv) Hearing Impairment,

(v) Locomotor Disability,

(vi) Mental Retardation and

(vii) Mental Illness

You have read about these disabilities and their respective definitions in Unit 2 of this block. The Act

details out specific provisions for persons identified under any of the above seven types of disabilities.

Some of these provisions are mentioned below:

Prevention and Early Detection of Disabilities (Chapter-IV): Provisions made under this chapter

ensures that children with disabilities are detected at the earliest and appropriate medical care is given

to them to prevent further disabilities or detoriation in their health condition. It also lays down

provision for preventing disabilities through regular prenatal and natal facilities provided by trained

medical practitioners. It stresses on the need to sensitise and educate concerned people in anganwadi

centres, pre-schools, schools and Primary Health Care centres towards including children and adults

with disabilities in their services and providing for the most appropriate care.

Education for children with disabilities (Chapter-V): Provisions under Chapter V ensure that every

child with a disability has access to free education in an appropriate and inclusive environment till he

attains the age of eighteen years. This could be in the formal or regular schools, special schools and

vocational training centres in both government and private sector. It stresses on providing education

both through formal education systems as well as through non – formal education systems and makes

provisions for services in rural areas using locally available human resources. It also commits to

ensure that every child with disability has access to using teaching aids and assistive devices that will

support the child to learn better.

Research for Designing/developing Teaching Aids: The Government has undertaken the

responsibility to promote and conduct research for designing and developing new assistive devices,

teaching aids, special teaching materials etc that will enable a child with disability to use effectively

equal opportunities in education.

Teacher's Training Institution : The Governments will also ensure that adequate number of teachers'

training programmes specializing in disabilities is running in the country, so that good quality trained

human resource is available to teach children with disabilities both in special schools and inclusive

schools.

Employment (Chapter-VI): The government is committed to ensure that people with disabilities are

gainfully employed, earn a living to support themselves and their family and lead a life of

independence and dignity. It seeks to do this by reserving a quota of at least 3% jobs in all public

sector establishments. It also encourages private organisations to employ people with disabilities by

granting them special tax concessions and by awarding due public recognition to the organisations.

Barrier Free Environment: In order to ensure that persons with disabilities are able to use effectively

all public facilities such as hospitals, railway stations, training centres, recreational places, election

voting booths, work places and so on, the Government clearly states that it is mandatory for all such

public buildings to be completely barrier- free by providing for ramps in public buildings, adaptation

of toilets for wheel chair users, Braille symbols and auditory signals in elevators/lifts, ramps in

hospitals and other such adaptations, after taking into account unique barriers faced by people with

different disabilities.

The relation between PWD ACT 1995 & UNCRPD 2008: One of the fundamental points of

difference between the PWD Act and the UNCRPD, for instance, is the approach each of them takes

towards understanding the notion of 'disability':

(i) While India has adopted a narrow medical model of defining disability, the UNCRPD

adopts the social model, which is more inclusive and comprehensive.

(ii) Further, the PWD Act is primarily concerned with the social and economic rights of

persons with disabilities and hardly takes into account their civil and political rights as well. The Act

itself devotes an entire chapter to affirmative action on the part of the government, which deals with

concessions in different areas such as employment, transportation, housing, social security and so on.

(iii) The UNCRPD on the other hand takes a more positive approach towards working with

disability by embodying the principles of equality and the fulfilment of basic and fundamental human

rights and freedoms. It calls for governments to ensure that reasonable accommodations are made for

persons with disabilities to carry on their activities on par with others. The Convention also

encourages governments to oblige private parties and organisations to ensure that their services are

accessible to all. It further recognizes the importance of all round development of disabled individuals

and calls for accommodations and accessibility in areas like recreation and sports as well in addition to

the general ones like education, employment, etc.

(iv) The PwD Act is currently being reviewed to make appropriate amendments keeping in

mind the changing needs of persons with disabilities and the revised perspectives and provisions

included in the UNCRPD.

1. What are the main provisions for children with disabilities under the PwD Act.

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2. How does the PwD Act ensure a barrier free environment for persons with disabilities?

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3.4.5 The National Trust Act (For the Welfare of Persons with Autism, Cerebral

Palsy, Mental Retardation and Multiple Disabilities) Act 1999

Introduction

The National Trust is a statutory body under the Ministry of Social Justice and Empowerment,

Government of India, setup under the “National Trust for the welfare of persons with Autism, Cerebral

Palsy, Mental Retardation and Multiple Disabilities” Act (Act 44 of 1999)

Objectives

• To enable and empower persons with disability to live as independently and as fully as

possible within and as close to the community to which they

• To strengthen facilities to provide support to persons with disability.

• To extend support to registered organisations to provide need-based services during the

period of crisis in the family of persons with disability.

• To deal with problems of persons with disability who do not have family support.

• To promote measures for the care and protection of persons with disability in the event

of death of their parent or guardian;

• to evolve procedure for the appointment of guardians and trustees for persons with

disability requiring such protection.

• To facilitate the realization of equal opportunities, protection of rights and full

participation of persons with disability; and

• To do any other act which is incident to the aforesaid objects?

Thrust Areas

Campaign for effecting positive attitudinal change

• Programme which foster inclusion and independence by

Creating barrier – free environment

Developing skills.

Promoting self-help groups.

• Training and Support of Care givers and community members.

• Formation of local level committees to grant approval for guardianship.

• Development of sustainable models for Day Care, Home Based, Respite and

Residential Care.

• Research in the four areas of Disabilities.

• Advocacy for the rights of persons with four disabilities.

• Programme for persons with severe disabilities and women with disabilities.

Resource Mobilization

One-time contribution from Central Government

• Donations, Gifts, Grants.

• Benefactions, bequests or transfers from individuals and organisations.

• Funds in any other manner or from any other source.

Programmes

• Registration of Associations (of Parents and Non-Government Organisations).

• Formation of Local Level Committees.

• Appointment of Guardians.

• Support for a range of services including residential

• Home Visiting/ Care Givers Programme.

• Development of Awareness and Training Material

• Community Participation Programme for Reach and Relief.

• Such other programme which promote the objectives of the Trust.

Coordinating and Implementing Agencies

National Trust

• District level local committees.

• Registered Parents Associations and Non-Governmental Organisations.

3.5 UNIT SUMMARY

The UN General Assembly adopted a charter of rights of the disabled in 1975. Biwako Millennium

Framework For Action is applicable to India also till 2012. UN Convention on Rights of the Persons

with Disabilities, 2008, (UNCRPD) that was signed and ratified by our Government is to be complied

with by us.

The Indian Parliament provided the legislative framework for protecting the rights of people with

disabilities and giving them equality of opportunity by enacting the following three Acts:

1. RCI Act 1992: The Act guarantees right of the child to be taught by a qualified teacher.

2. Persons with Disabilities Act 1995. The Act has the following provisions:.

• Assures that every child with disability shall have access to education until 18 years of

age.

• Every child with disability shall be placed in the most appropriate educational

environment.

• Reserves 3% seats for children with disability in every aided school in the country.

• Establishes grievance redressal machinery at the central and state levels.

3. The National Trust Act 1999. It provides for support to people with MR, CP, Autism and

Multiple disabilities in their own homes or appointment of guardians after there is no one to care for

them. In special cases care homes can also be established.

CHECK YOUR PROGRESS

1. What are the essential features of UNCRPD?

2. Narrate three basic differences between UNCRPD and PWD Act.

3. What are the main features of Persons with Disability Act 1995?

4. Describe briefly the functions of RCI.

5. Describe briefly the objects of National Trust Act 1999.

3.7 ASSIGNMENT /ACTIVITY

Identify three children with disabilities in your area indicating how they can be helped by Law?

3.8 POINTS FOR DISCUSSION AND CLARIFICATION

After going through the Unit you may like to have further discussion on some points and clarification

on other. Note down those points below:

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3.9 REFERENCES

1. Ray, D. (1987). Human Rights and Education: an overview. In Tarrow, N.B. (Ed.) Human Rights

and Education (Vol. 3) Paragons Press.

2. Rehabilitation Council of India Act 1992,

3. Person with Disability Act 1995.

4. National Trust Act 1999.

5. UNCRPD 2008

6. Biwako Millennium Framework of Action.

7. Mohit, Anuradha (2004), Human Rights for Persons with Disabilities. In Mohapatra, C.S.

(Ed.), Disability Management in India – Challenges & Commitments, National Institute for the

Mentally Handicapped, Secunderabad.

8. Govinda Rao, L. (2007), Introduction: Perspectives on Special Education, In Govinda Rao, L.

(Ed.) Perspectives on Special Education, Neelkamal Publications Pvt. Ltd. Hyderabad.

9. www.ccdisabilities.nic.in

10. www.rehabcouncil.nic.in

11. http://socialjustice.nic.in/policiesacts3.html#act1

UNIT – 4: INCLUSIVE EDUCATION CONCEPTS &

PRACTICE

STRUCTURE4.1 Introduction

4.2 Objectives

4.3 Concept of Inclusive Education

4.4 Principles of Inclusion

4.5 Features of an Inclusive School

4.6 Key Players in Inclusion

4.7 Importance of Inclusive Education

4.8 Benefits of Inclusion

4.9 Points to be Remembered for Successful Inclusive Education

4.10 Unit Summary

4.11 Check Your Progress

4.12 Points for Discussion/Clarification

4.13 References

4.1 INTRODUCTION

The history of education of persons with disabilities is a progression from segregation to integration,

and now to inclusion as explained in the unit-1 of this block. The education of the disabled children in

India is more than hundred years old, but our services are far from adequate. The past two decades has

witnessed the mushrooming of inclusive education programmes. Inclusive education addresses the

need to provide education to children with any kind of impairment. General educators, with

assistance from professionals in special education, assume primary responsibility for students with

disabilities. But in India we could not admit even 10% of educable children in the normal community.

Different models in the integration are practiced in the country and some were successful but there

was not a single model of perfection. The model should be based as per the need of Indian Culture and

Heritage.

4.2 OBJECTIVES

By undergoing this Unit, you will be able to:

1. Understand the meaning and principles of inclusive education.

2. Able to acquaint with the features of inclusive education.

3. Know the role of different key players in inclusion.

4. Acquire basic know-how to deal with children with disabilities in a class room situation.

4.3 CONCEPT OF INCLUSIVE EDUCATION

Inclusion is a concept that sees children with disabilities as full time participants in and as members of

their neighborhood schools and communities. (Knight, 1999). Inclusive education, as an approach,

seeks to address the learning needs of all children, youth and adults with a specific focus on those who

are vulnerable to marginalization and exclusion. It implies all learners, young people - with or without

disabilities being able to learn together through access to common pre-school provisions, schools and

community educational setting with an appropriate network of support services. It aims at all

stakeholders in the system such as learners, parents, community, teachers, administrators and policy

makers to be comfortable with diversity and see it as a challenge rather than a problem.

Inclusive education means the education of all children, with and without disabilities together in

regular schools. It is an approach, which takes into account unique characteristics, interests, abilities

and learning needs of all children. All schools have to be inclusive in their approach, so that children

with disabilities have access to these schools that accommodate within them a child centered

pedagogy capable of meeting the needs of all children.

Inclusive education means that all students in a school, regardless of their strengths or weaknesses in

any area, become part of the school community. They are included in the feeling of belonging among

other students, teachers, and support staff. Hence, schools have a duty to educate children with special

needs in general education classrooms.

When children with special needs learn in the same schools as their non-disabled peers with the

support necessary for them to be successful there, then the society is said to be “INCLUSIVE”.

Inclusion in education means that all students in a school, regardless of their strengths or

weaknesses in any area, become part of the school community. They are included in the feeling of

belonging among other students, teachers, and support staff.

It is an attempt to meet the unique needs of every child in a regular school setting. All children, in-

spite of their disability, try to participate in all facets of school life. So some changes might be made

in the mainstream to make it more accommodating to all students’ individual needs. The goal is to

provide an accommodating, personalized education for all students, within the context of a general

educational classroom. Thus, providing equitable opportunities to student/Children with and without

disabilities together, so that they receive effective educational services, with the required

supplementary aids and support services in age-appropriate classes in their neighborhood schools is

the called “Inclusive Education”.

4.4 PRINCIPLES OF INCLUSION

• All school personnel should display shared responsibility and support for all students

• The teachers should have the potential capacity to work within a collaborative framework to meet

the unique needs of all individual students when given adequate training and supportive services

• The effect of disabilities on students varies from individual to individual and the implications for

inclusion differ accordingly

• The family and social circumstances of a child is also crucial for deciding whether a child can be

placed in an inclusive setting

• Each student should have the opportunity to experience meaningful challenges, exercise choice

and responsibility, interact collaboratively with others, and be actively engaged in developmental,

academic non-academic, inter and intrapersonal activities as part of the educational process

• Implementation of these principles depends upon continuous community support, broad planning,

training and evaluation

• An adapted school environment is needed to suit the needs of every child with disability.

Thus, the following have to be kept in mind to make inclusion as defined in its right

perspective:

1. All children in school, learning together

2. Schools are for everyone

3. Appropriate support services

4. No discrimination

5. Valuing diversity

Inclusive schools perhaps are the most effective means of:

• Combating discriminatory attitudes

• Creating welcoming communities and

• Achieving education for all.

But it is important that, as far as possible, children receive the support they need to

learn adequately. For example, a child who is slow in learning might require more

attention from the teacher or a child who has some problems in seeing must be made to

sit in front close to the blackboard.

4.5 FEATURES OF AN INCLUSIVE SCHOOL

Generally, there are no defined features of an inclusive school. But certainly inclusive

schools do share certain characteristics that are useful for all children. These are:

• Equality

• Sense of belongingness /membership

• Respect for each- other

• Need- based support

• Diversity

Activity 1

Think of some more features and fill in the empty space in the diagram below.

Diversity

Characteristics of Inclusive

School

Equality

Belong-ingness

Sense of Community

Support Based on needs, not

labels

Activity 2

Let’s now look at a checklist and mark true or false against the statements that make an inclusive

school.

An inclusive school:

S. No Statement T /F1 Believes in giving admission to all children

2Favours some children and not give adequate

attention to others3 Values all children equally4 Has discussions with the teachers on how to teach 5 Ignores the idea of providing training to teachers 6 Rejects the thought that all children are unique

7Endeavors to meet the learning needs of all

children

8Prefers to teach all children in the same manner

without taking care of their individual needs

9Involves parents as partners in the learning

process

10Disregards community involvement in school

related activities

11Does not provide for appropriate support that

might be needed for children

12Does not consider improving access so that all

children are able to come to school

13Works as a team with all involved in all aspects of

learning

14Is closed to the idea of having resources such as

library, teaching learning material etc.15 Gives labels to each child

16Adopts flexibility in its approach to teaching

children

17Emphasizes on building support for teachers to

improve their teaching process

18

Considers collective teaching as the best method

of teaching, without paying due attention on

individualized teaching approach19 Does not want to change itself, even if it is

important for children

20Tries to reason out the problems faced by

teachers/schools

21Does not realize the importance of collaboration

and co-operation

22Cannot think of ways of accommodating children

who are different from others23 Focuses more on weaknesses and not ion strengths24 Appreciates diversity

25Attempts novel initiatives in the process of its own

growth

Here it is important to know that there are certain requirements to become an inclusive school. Let us

look at these briefly.

• Some support has to be provided to children with special needs in regular schools

• All in the school have to be /prepared involved in the process of inclusion

• Some changes might have to be required in the schools/ classroom

• Schools have to be made barrier-free

• Teachers have to be trained and equipped to handle CWSN

4.6 KEY PLAYERS IN INCLUSION

While talking about an inclusive school, it is important to remember that all in a school should be

involved in inclusion. A “Team Approach” is very crucial for inclusion. Some of the key players are:

• Regular teachers

• Parents

• Community

• Head- Masters

• Resource teachers

• Non- disabled children

• Children with Special Needs (CWSN)

• Local Education Authorities like block Education Officers, District Education Officers

4.6.1 Activity 3

Think of some more key players for Making a school inclusive and fill in the empty space in the

diagram below.

4.7 IMPORTANCE OF INCLUSIVE EDUCATION

The Government of India is fully committed to the goal of Universalization of Elementary Education

(UEE). To facilitate UEE, the Parliament of India has passed the Constitutional (86 th Amendment)

Act, making free and compulsory elementary education a Fundamental Right, for all the children in

the age group of 6-14 years through inclusion of the new Article 21A in Part III of the Constitution, as

follows:

‘The State shall provide free and compulsory education to all children of the age of six to fourteen

years in such manner as the State may, by law, determine.’

This Amendment has given a new thrust to the education of Children With Special Needs (CWSN), as

without their inclusion, the objective of UEE cannot be achieved. Hence, if Education for All is to be

achieved, CWSN would have to be provided education.

4.8 BENEFITS ON INCLUSION

Key Players in IE

Parents

Children with special needs

General teacher

Now let us turn our attention as to how inclusive education is beneficial for all those

involved in it.

4.8.1 Children:

• All children are enriched

• Promotes positive attitudes on the part of non-disabled children towards CWSN

4.8.2 General Teacher:

• Professional skills are developed

• Change agent and establish rapport with all children

• Peer sensitization

• Views each child as an opportunity to grow

4.8.3 Parents:

• Aware of the rights of their CWSN

• Become aware of the services available for CWSN

• Become better equipped to deal with their children

4.8.4 Children with Special Needs (CWSN)

• Prepares them for independent living

• Increases self-confidence/esteem

• Potential is realized

4.8.5 Activity: Can you think of some more benefits of inclusion?

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4.9 GOOD PRACTICES FOR SUCCESSFUL INCLUSIVE

EDUCATION

• The attitude that ‘inclusive education is not an alternative but an inevitability, if the dream of

providing basic education to all children is to ever become a reality’ needs to be cultivated

among all concerned professionals, grassroots workers, teachers and community members,

especially in rural and remote areas.

• Links and bridges need to be built between special schools and inclusive education practices.

Linkages also need to be established between community-based rehabilitation programmes

and inclusive education.

• Public policies, supportive legislation and budgetary allocations should based on prevalence

of special education needs, and take into consideration the backlog created as a result of

decades of neglect.

• Inclusion without ‘adequate’ preparation of general schools will not yield satisfactory results.

It is essential that issues related to infrastructural facilities, curriculum modification and

educational materials should be addressed.

• The training of general teachers at pre-service and in-service levels should address the issue of

education of children with disabilities, so that teachers are better equipped to work in an

inclusive environment.

• Orientation training of policy-makers and education department officials, both at the state and

block level, is essential. In addition, there is a need to develop on-site support systems for

teachers. Grassroots workers, parents, special school teachers, para-teachers and other

individuals.

• The existing handful of teacher trainers cannot reach the vast number of teachers working with

children with disabilities in rural/remote areas. Alternatives such as training para-teachers,

investing in pilot studies to develop tele-rehabilitation programmes, and exploring strategies

for distance education.

• The preparation of children—in the form of early childhood intervention before enrolment—is

required. This would ensure that they do not drop out, are retained in schools, and compete

equally with other children.

• In order to strengthen inclusive practices, networking between existing practitioners would be

useful. Simultaneous implementation, and consistent monitoring, reinforcement and

coordination between government departments and NGOs at national and state levels will

promote inclusive practices.

4.10 UNIT SUMMARY

Inclusive education involves all children in learning together with their peers in the same environment. It is an

approach which takes into account the unique characteristics, interests, abilities and learning needs of all

children. All schools have to be inclusive in their approach, so that children with disabilities have access to

these schools. It means that all students in a school, regardless of their strengths and weaknesses in any area

become part of the school system. They are included in the feeling of belonging among other students, teachers

and support staff.

The teachers in the inclusive setup should have the potential capacity to work within a collaborative framework

to meet the unique needs of all individual students when given adequate training and support services.

4.11 CHECK YOUR PROGRESS

1. Match the statement that best describes a key player:

Sl.

No.

Key Player Defining Feature

1 Regular teacher Provide remedial teaching to CWSN, sometime in an

itinerant mode2 Parents Are open to providing admission to all children in

their school3 Community Should have high expectations of their CWSN4 Head- Masters Based structures like PTA/MTA should be to

inclusion5 Resource teachers Require teaching to teach CWSN6 Non-disabled peers Support the idea of an inclusive school7 CWSN Are exposed to the needs of differently-abled children8 Local Education

Authorities

Benefit by coming to a regular school

2. Can you think of some more key players and fill in the space provided below.

What is inclusive education?

What is the difference between integrated education and inclusive education?

What are the broad Indian perspectives on inclusive education?

What practices can be followed for successful inclusive education?

4.12 POINTS FOR DISCUSSION AND CLARIFICATION

After going through the Unit you may like to have further discussion on some points and clarification

on other. Note down those points below:

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4.13 REFERENCES

Govinda Rao, L (Ed) (2007), Perspectives on Special Education (Vol.I & II), Neelkamal Publications

Pvt.Ltd. Hyderabad.

NCTE (2004) Discrimination based on caste, religion, disability – Handbook for sensitizing teachers

and teacher educators (Inclusive Education).

Rehabilitation Council of India (2000), Status of Disability in India – 2000

UNIT – 5: GOVERNMENT SCHEMES AND CONCESSIONS

STRUCTURE5.1 Introduction

5.2 Objectives

5.3 Schemes under Ministry of Social Justice and Empowerment

5.3.1 DDRS (Umbrella Scheme)

5.3.2 Scheme of Assistance to disabled persons for purchace/fitting of aids and appliances

(ADIP Scheme)

5.3.3 Scheme of National Scholarships

5.3.4 National Handicapped Finance Development Scheme

5.4 Schemes of the Persons with Disability Act

5.4.1 Scheme for Providing Employment to Persons with Disabilities in the Private Sector

5.4.2 Technology Development Projects in Mission Mode

5.5 Schemes of the National Trust Act

5.5.1 Gharaunda Scheme

5.5.2 Samarth Scheme

5.5.3 Aspiration Scheme

5.5.4 Remote Area Funding Scheme

5.5.5 Niramaya Scheme

5.5.6 Gyan Prabha Scheme

5.5.7 Uddyam Prabha Scheme

5.5.8 Arunim Scheme

5.5.9 Sahayogi Scheme - Caregivers Training and Deployment

5.6 Key schemes supported by other related ministries

5.6.1 Ministry of Human Resources Development

5.6.2 Ministry of Health

5.7 Concessions Offered by Central Government to Persons with Disabilities

5.7.1 Travel Concession

5.7.2 Tax concessions

5.8 Central Government Schemes for Rehabilitation

5.8.1 Reservation in Jobs

5.8.2 Programmes of Integrated Education

5.8.3 Other Benefits

5.9 Unit Summary

5.10 Check Your Progress

5.11 Assignment/Activities

5.12 Points for discussion/clarification

5.13 References

5.1 INTRODUCTION

The Government of India provides various facilities and support services to persons with disabilities.

The Persons with Disabilities Act 1995 places the responsibility on the Government at different levels,

to ensure a holistic approach towards supporting persons with disabilities to lead a life of dignity and

equality.

The Ministry of Social Justice and Empowerment manages most of the various schemes that grant

concessions, benefits and entitlements for persons with disabilities. The ministry through its network

of government agencies, from the Central Level to State, District and Block Levels, ensures that

persons with disabilities and their family members utilize and benefit from appropriate and relevant

schemes supported by the Government of India.

However, many schemes supported by different ministries such as the Ministry of Human Resource

Development, Rural Development, Women & Child Development, Health and others also extend

many provisions for other socially disadvantaged groups that are equally relevant for persons with

disabilities and their family members.

5.2 OBJECTIVES

After going through this unit you will be able to:

1. Know about the key schemes supported by Ministry of Social Justice and Empowerment

2. Understand the salient features of the schemes that are supported by the Persons with

Disability Act

3. Know the schemes that are supported by the National Trust Act.

4. Know about the key schemes supported by other related ministries.

5. Acquaint yourself with the functions of the National Institutes and their objectives.

6. Learn about the concessions available for persons with disabilities

5.3 SCHEMES UNDER MINISTRY OF SOCIAL JUSTICE ANDEMPOWERMENT

The Disability Division in the Ministry of Social Justice and Empowerment facilitates and supports the

persons with disabilities through various schemes. It is currently responsible to implement four

schemes approved by the government for the empowerment of persons with disabilities. This ministry

acts as the central authority for the support, empowerment and rights of persons with disabilities in the

country. This ministry in a collaborative approach, involving all other ministries of the Central

Government, State Governments and Union Territories, National and State undertakings, Local

Authorities and other appropriate Authorities, ensures the implementation of various provisions of the

disability specific Acts. You have read about these Acts in Unit 3.

In the following sections, the main features of the schemes implemented by the Ministry of Social

Justice and Empowerment are described.

5.3.1 DDRS (Umbrella Scheme)

This scheme is now called Pt. Deen Dayal Upadhyaya Rehabilitation Scheme (DDRS). This is an

umbrella scheme and many different projects are implemented within its scope. Under this scheme,

non-government organizations (NGOs) are provided financial assistance to create services and expand

current services for persons with disabilities. A wide-range of projects are covered under this scheme

such as educational, vocational, human resource development, home- based and community based

rehabilitation and so on.

The Umbrella Scheme simplifies and facilitates procedure for easy access to Government support for

NGOs with the aim to widen the scope and range of programmes. It will address the un-met needs of

over 95% Indian citizens with disabilities who have not had access to services so far.

5.3.1-A Obectives of the scheme:

The main objectives of the scheme are: -

1. To ensure equal opportunities, equity and social justice to persons with

disabilities.

2. To empower persons with disabilities.

3. To implement outreach and comprehensive Community-based Rehabilitation

programmes in urban and rural environments.

4. To enlarge the scope of vocational and professional opportunities, income

generation and gainful occupations.

5.3.1-B Projects supported under this scheme:

Some of the projects that can receive grants under this scheme are:

Vocational Training Centres

Sheltered Workshops

Special Schools for children with disabilities

Project for children with cerebral palsy

Project for Pre-School and Early Intervention and Training

Home based Rehabilitation Program/ Home Management Programme

Project for Survey, Identification, Awareness and Sensitization

Project for Community Based Rehabilitation

Project for Human Resource Development

Conducting Seminars/ Workshops/ Rural Camps

Project for Legal Literacy, Including Legal Counseling, Legal Aid and Analysis for persons

with disabilities and their family members

Project for Low Vision Centres

Besides the above, there are many other projects supported under this scheme. You can get the names

of all the schemes from the website of the Ministry at http://socialjustice.nic.in/ddrs.pdf

5.3.1-C Eligible Organization

Non- Government Organizations can apply for funds, if they are:

A registered body, and registered in any one of the following ways:

a. Registered under the Societies Registration Act, 1860 (XXI of 1860) or any relevant

Act of the State/Union Territory, or

b. A public trust registered under the law for the time being in force; or,

c. A charitable company licensed under section 25 of the company Act, 1958.

It should have a legally constituted managing body.

It is not run for profit to any individual or a body of individuals.

Typically, an organization is granted funds if they exist and are working in the field for at least 2 years

at the time of applying for grant under this scheme. In some exceptional cases, there may be a

relaxation to this condition after the scrutiny finds that they are eligible for waiving this condition.

5.3.1-D Implementation

The government supports up to a maximum level of 90% of the amount of grant that has been

budgeted for the project.

- An organization applying for grants under this scheme for the first time will have to

submit their application to the respective State Government/State Commissioners /National

Institutions/Organizations/any other system in their state as approved by the Ministry of Social Justice

& Empowerment on the prescribed form. Based on a recommendation received by these Authorities,

the Ministry either sanctions or rejects the application.

- Organizations reapplying for grants to continue with existing projects will apply using a

separate application form, than what is stated above, for new organizations. However, this application

has to be routed through the State Government/State Commissioners/National Institutions/

Organizations/ any other system designated by the Ministry of Social Justice & Empowerment. The

Ministry will accept or reject the application based on the recommendation of the State Agency.

5.3.2 Scheme of Assistance to disabled persons for purchase/fitting of aids & appliances (ADIP

Scheme)

The scheme includes provisions to ensure that appropriate aids and appliances are available at

affordable costs and nearby agencies to persons with disabilities.

5.3.2-A Objectives of the scheme

The main objective of the Scheme is to

Assist persons with disability to obtain durable, sophisticated and scientifically manufactured,

good quality aids and appliances

Ensure that the aids and appliances conform to standard specifications to the maximum extent

possible.

5.3.2-B Eligibility of the Beneficiaries:

A person with disabilities fulfilling the following conditions would be eligible for

assistance under ADIP Scheme through authorized agencies:

S/he should be an Indian Citizen of any age.

Should be certified by a Registered Medical Practitioner, as a person with disability and that

s/he would benefit from the use of the prescribed aid/appliance.

Person whose monthly income from all sources does not exceed Rs.8,000/

In the case of dependants, the income of parents/guardians should not exceed Rs.8,000/- per

month.

Persons who have not received assistance from the Government, local bodies and Non-

Government Organizations during the last 3 years for the same purpose. Children below 12 years of

age would not have received this assistance for 1 year.

5.3.2-C Types of aids and appliances covered under this scheme:

Some of the aids and appliances covered under this scheme are:

Mobility aids like tricycles, wheelchairs, adapted walkers, frames /rolators.

Devices for ADL (activities of daily living)

Learning equipments like arithmetic frames, abacus, geometry kits etc.

Giant Braille dots system for young blind children.

Braille writing equipments including Braillers, Braille shorthand machines

Tape recorder, talking calculators, Geography learning equipment like raised maps

Science learning equipments like talking balances, talking thermometers,

Communication equipments for persons with deaf-blindness

Low vision aids including hand-held stand, lighted and unlighted magnifiers, speech

synthesizers or Braille attachments for computers.

Various types of hearing aids

To know more about the complete list of aids and appliances, list of organisations authorized in your

area who can assist you in applying for aids and appliances under this scheme, copies of the most up to

date application form, relevant documents required and other details please check the website of the

ministry at http://socialjustice.nic.in/adipsch.pdf

5.3.3 Scheme for National Scholarships

Under the Scheme of National Scholarships for Persons with Disabilities, every year 500 new

scholarships are awarded for pursuing education and training after class 10. For students with cerebral

palsy, mental retardation, multiple disabilities and profound or severe hearing impairment, this

scholarship is awarded for pursuing studies from class 9 onwards. Advertisements inviting

applications for scholarships are given in leading national/regional newspapers in the month of June

and also placed on the website of the Ministry.

5.3.4 National Handicapped Finance Development Corporation

The National Handicapped Finance and Development Corporation (NHFDC) was set up by the

Ministry of Social Justice & Empowerment, in January 1997. The NHFDC functions as an apex

institution for distributing funds for income- generating activities, entrepreneurship and self-

employment to persons with disabilities through the State channelizing Agencies (SCAs), or through

Non- Government Organizations.

5.3.4-A Objectives

The functions of NHFDC are based on the following objectives:

a) Promote economic development activities and self-employment ventures for the benefit of

persons with disability.

b) Extend loans to the persons with disability for upgrading their entrepreneurial skills for

managing self-employment activities.

c) Extend loans to persons with disability for pursuing professional or technical education that

will help in seeking employment.

d) To assist self-employed individuals with disability, in marketing furnished goods.

5.3.4-B Eligibility

A person with disability can avail benefits from the NHFDC if the person fulfils the

following criteria:

Should be an Indian Citizen, with 40% or more disability.

Age between 18 and 55 years.

Annual income is below Rs. 1,00,000/- for urban areas and Rs. 80,000/- per year for rural

areas.

Have the relevant educational / technical / vocational qualification/experience and background.

Is a resident of the State where the project is to be set up

Should not be a defaulter of previous financial commitments

5.3.4-C The NHFDC through other schemes:

Provides financial assistance to Parents’ Association for persons with Mental Retardation to set

up an income- generating activity for the benefit of persons with mental retardation

Gives a rebate of 1% on interest on loans given to women with disabilities

Gives financial assistance in the form of loan to the channelising agencies for imparting skills

and entrepreneurial development training to persons with disabilities

5.4 SCHEMES UNDER THE PERSONS WITH DISABILITY ACT

A number of schemes are being formulated under the Persons with Disabilities (Equal Opportunities

Protection of Rights and full participation) Act, 1995 also. The following are some of the schemes

currently being implemented.

5.4.1 Scheme for Providing Employment to Persons with Disabilities in the Private Sector

To promote employment of persons with disabilities in the growing private sector, Government has

decided to provide incentives to the private sector employers.

This scheme covers,

Persons with disabilities covered under the Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation) Act, 1995 and the National Trust for Welfare of

Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999

employed in the private sector

earning a monthly wage up to Rs.25000/- per month

The employers from the private companies can claim benefits from the government under this

scheme. The government compensates the private company’s contribution to the Employees

Provident Fund and Employees State Insurance for the first three years of service of the

disabled employees.

More details about the eligibility conditions, application format, relevant documents, time period and

so on is available at http://socialjustice.nic.in/incentdd.pdf

5.4.2 Technology Development Projects in Mission Mode

Leading research institutions are encouraged to undertake research on better materials, design and

technology for fabricating high quality modern state-of-the-art assistive devices. 100% funding is

available to the research or scientific institutions, non- governmental organisations undertaking this

project through the Rehabilitation Technology Centre based in the Indian Institutes for Technology

(IITs).

5.5 SCHEMES UNDER THE NATIONAL TRUST ACT

The primary objective of the National Trust is to enable and empower persons with disabilities to live

as independently and as fully as possible within and as close to the community to which they belong.

The National Trust also aims to strengthen facilities to provide support to persons with disabilities to

live within their own families.

In these objectives, the National Trust is recognizing the needs of persons with disabilities to live

within the folds of their own families and in their own communities. However, persons with these

four disabilities may have complex long-term needs that require multiple interventions. Many families

may require additional support in order to provide these interventions. These are some of the needs

and concerns that the schemes of National Trust address. The National Trust supports the following

schemes:

Gharaunda Scheme

Samarth Scheme

Aspiration Scheme

Remote Area Funding Scheme

Niramaya Scheme

Gyan Prabha Scheme

Uddyam Prabha Scheme

Arunim Scheme

Sahayogi Scheme - Caregivers Training and Deployment

4.1 Gharaunda Scheme (Group Home And Rehabilitation Activities Under National Trust

Act for Disabled Adults): This is a scheme of Lifelong Shelter & Care to the children with special

after the death of the parents. The main objectives of the scheme are:

- To provide an assured minimum quality of care services throughout the life of the persons with

Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities

- To encourage assisted living with independence and dignity

- To facilitate establishment of requisite infrastructure for the assured care system

throughout the country

- To provide the care services at an affordable price on a sustainable basis

5.5.2 Samarth Scheme: This scheme is a Centre Based Scheme (CBS), which was introduced for

residential services - both short term (respite care) and long term (prolonged care) services.

Activities in a Samarth Centre includes early intervention, special education or integrated

school, open school, pre-vocational and vocational training, employment oriented training,

recreation, sports etc. The facilities in the home shall be available to both- men and women- on

50-50 basis and covers all the four disabilities which are covered under the National Trust Act.

Aspiration Scheme: This scheme is an early intervention programme for school readiness.

The aim of the scheme is to work with children 0-6 years with developmental disabilities, to make

them ready for mainstream and special schools. The main objectives of this scheme are:

• Awareness generation amongst parents of persons with disabilities, its

family members & related Govt. Officials / Teachers.

• Assessment & evaluation of children with disabilities.

• Motivation & counselling to parents & families.

• Training for daily living activities.

• Pre school skills – (pre-reading, pre-maths etc.)

• Therapeutic services which includes physiotherapy / occupational

therapy / speech / psychotherapy & psychiatric intervention.

• Audio logical assessment & suitable referral.

• Music drama / play therapy / pre-vocational training.

• Facilitation in getting admission into special school and inclusive

school.

• Respite care services (for parents).

• Social & family integration.

Remote Area Funding Scheme: This scheme stimulates the activities of National Trust Act in the

unrepresented and underprivileged districts. Under the scheme, fund is provided to set up an NGO,

including Parents Associations and to carry out he activities for the Welfare of Persons with

Disabilities covered under the National Trust Act.

The main objectives of the scheme is to

• Stimulate National Trust activities in unrepresented districts.

• Awareness generation of National Trust activities amongst parents of persons with disabilities,

its family members & related Govt. Officials / Teachers & facilitation of services.

• Training of parents / siblings, professional, consultant etc.

• Motivation, counselling, social integration activities.

• Early intervention, Educational, Pre-vocational & Vocational activities.

Niramaya Scheme: This is a health insurance scheme for any person (with the four disabilities

covered under the National Trust Act ) below the poverty line. The insurance cover is upto Rs. 1 lakh

for a vast range of health services from OPD to free hospitalization. The scheme is free for persons

with family income upto Rs.15000 pm and on a payment of Rs. 250/- pa per person for higher

income group throughout the country (excluding J&K).

Gyan Prabha Scheme: Gyan Prabha is a scholarship Scheme for undergoing Employment Oriented

Course after completion of schooling. Under the Scheme, a monthly scholarship of Rs. 700/- is paid

for 1 year.

Uddyam Prabha Scheme: Uddyam Prabha Scheme Promots income generative economic activities

for self-employment of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple

Disabilities through incentives. It provides Incentives for availing loan for any income generating

economic activity.

ARUNIM Scheme (Association for Rehabilitation under National Trust Initiative of Marketing):

ARUNIM is a Scheme established as a non-profit society to serve the interests of its members through

marketing initiative for the products made by persons with disabilities, covered under the National

Trust Act.

Sahayogi Scheme: This is a scheme of Community Based Caregivers Training to provide good

quality training to interested persons for becoming caregivers to the needy persons with disabilities.

Subsequently, a training module was revised and another scheme for Deployment of Caregivers was

launched

5.6 KEY SCHEMES SUPPORTED BY OTHER RELATED MINISTRIES

5.6.1 Ministry of Human Resource Development

Ministry of Human Resource Development is emphasizing the need of including children with

disabilities in all walks of society. The Ministry, through its schemes - the Sarva Shiksha Abhiyan and

Integrated Education for Disabled Children ensures free, appropriate and good quality education of

children with disabilities.

5.6.1-A Scheme of Integrated Education for the Disabled Children (IEDC Scheme)

This is a centrally sponsored scheme launched in 1974 and revised in 1992. Under the scheme,

children with disabilities are integrated in the regular school system. Total assistance is provided to the

States and Union Territories for education of the children with disabilities in regular schools with the

help of necessary aids, incentives and specially trained teachers.

The following types of children with disabilities are covered under this scheme:

a. Children with locomotor handicaps

b. Mildly and moderately hearing impaired.

c. Partially sighted children.

d. Mentally handicapped-educable group (IQ 50-70).

e. Children with multiple handicaps (blind and orthopaedic, hearing impaired and

orthopaedic, educable mentally retarded and orthopaedic, visual impaired and mild hearing handicap).

f. Children with learning disabilities.

Scope of the scheme

The scope of the scheme includes pre-school training for children with disabilities and counseling for

the parents. This would be done before the child comes into the regular school system. The education

of children with disabilities under this scheme will continue up to the senior secondary school level

and includes vocational courses equivalent to the senior secondary stage.

The children with disabilities are provided allowances and facilities such as:

(a) Books and stationery allowance

(b) Uniform allowance

(c) Transport allowance

(d) Reader allowance

(e) Escort allowance

Special Teacher Support

Special education teachers are appointed in schools where the scheme is in operation to provide

specific attention to the disabled children.

Resource Room

A resource room having all the essential equipments, learning aids and materials is provided for a

cluster of schools implementing the scheme of integrated education.

Removal of Architectural Barriers

To provide easier access to children with disabilities having difficulties in mobility and moving around

in the school premises, it is compulsory to remove architectural barriers or to modify existing

architectural facilities.

Instructional Materials

Instruction materials such as text books, activity books and question papers work sheets are provided

in simple to understand, local languages and accessible formats (Braille, large print, audio books)

depending on individual needs of children with disabilities as far as possible.

Examinations

Visually and hearing impaired children are allowed to take only one language. Provision for

alternative modes of examination for blind and other children with physical disabilities coming in the

way of writing is considered and provided by the Boards of Examination.

Linkages

Integrated education of children with disabilities requires inputs from different Departments like

Education, Health, Social Justice, Women and Child etc. For effective linkages between these

Departments and NGOs, working in this area, coordination committees are formed at State, regional,

district and block levels.

5.6.1-B Sarva Shiksha Abhiyan (SSA)

Sarva Shiksha Abhiyan is the government of India’s effort to universalize elementary education. It is a

response to the demand for quality basic education all over the country. The SSA attempts to provide

an opportunity for improving capabilities of all children. It also attempts to bridge social, regional and

gender gaps, with the active participation of the community in the running and management of

schools.

Sarva Shiksha Abhiyan realizes the importance of Early Childhood Care and Education and looks at

the 0-14 age as a critical period for overall education. It attempts to support pre-school learning in

ICDS centres or special pre-school centres.

Objectives Of Sarva Shiksha Abhiyan

SSA aims that:

All children receive education through any modes such as Primary schools, Education

Guarantee Centres, Alternate Schools, ' Back-to-School' camp by 2003;

All children complete five years of primary schooling by 2007

All children complete eight years of elementary schooling by 2010

Focus on elementary education is of satisfactory quality

Minimise all gender and social category gaps at primary school stage by 2007 and at

elementary education level by 2010

No school drop-outs after 2010

SSA’s Policy on Inclusion

SSA ensures that every child with special needs, irrespective of the kind, category and degree of

disability, is provided meaningful and quality education. SSA has adopted a zero rejection policy. This

means that no child with disability should be deprived of the right to education and is taught in an

environment, which is best, suited to his/her learning needs. Children with disabilities receive

appropriate need based skills, be it vocational, functional literacy or activities of daily living in the

most appropriate learning environment. These include special schools, Education Guarantee Scheme,

Alternate Schools or even home based education. Such modes will be utilized to facilitate the

inclusion of children with disabilities in the formal elementary schools.

To read more about this scheme, please visit the website of Ministry of Human Resource Development

at http://www.education.nic.in

5.6.2 Ministry of Health

Ministry of Health through the National Rural Health Mission (NRHM) meets the health concerns and

needs of persons with disability through various schemes supported by it. Some of the examples of

National Level Programmes that supports the prevention of disabilities are listed below:

1. National Leprosy Eradication Programme

2. Universal Immunisation Programme including Pulse Polio programme

3. National Tuberculosis Control Programme

4. National Programme of Blindness Control

5. National AIDS Control Programme

6. Reproductive and Child Health Programme

7. National Iodine Deficiency Disorder Control Programme

8. National Mental Health programme

9. National Programme for Prevention and Control of Deafness

5.7 CONCESSIONS OFFERED BY THE CENTRAL GOVERNMENT

5.7.1 Travel Concessions

1. By Road

Many of the State Governments offer either full concessions or 50 % concession for Travelling

in State run buses.

2. By Rail

The Ministry of Railways allows the disabled persons travelling with an escort, travel by rail at

concessional fare up to 75 % in the first, second and sleeper classes. This concession for

persons with hearing impairment when travelling alone will be at concessional fare upto 50%.

The concession is 50% for the season ticket-first and second class.

A blind person traveling alone or with an escort, is required to product a disability certificate

from the medical authority as prescribed by the respective State Government. A person with

locomotor disability while traveling with an escort, upon production of a certificate from a

Government doctor to the effect that the person concerned is orthopaedically handicapped and

cannot travel without the assistance of an escort, is eligible for getting concession.

3. By Air

The Indian Airlines Corporation does not give concession to Orthopaedically Handicapped

persons, as given to the blind persons. But, the Orthopaedically Handicapped persons are

allowed to carry a pair of crutches/ braces or any other prosthetic devices free of charge.

4. Others

Disabled employees used to get Rs. 100 as conveyance allowance per month. The limbs Pay

Commission has revised this scheme. Now persons suffering from disability affecting their

lower get transport allowance, that is double of the allowance normally entitled to them in

accordance with their pay scale.

5.3.2 Tax Concessions

1. Income Tax Concessions

Section 80 DD of the Income Tax Act provides for a deduction I respect of the

expenditure incurred by an individual on the medical treatment (including nursing), training and

rehabilitation etc. of handicapped dependents. The limit of deduction is Rs. 15,000/-.

Under the Section 80 V, the parent of a disabled minor is allowed to claim a deduction

upto Rs. 20,000/-.

Section 88 B provides for an additional rebate from net tax payable by a resident

individual, who has attained the age of 65 years, to 20% in case where the gross total income does not

exceed Rs. 75,000/-.

A deduction of Rs. 20,000/- from the taxable income of the parents or guardians of

handicapped children has been allowed provided this amount is deposited in any approved scheme of

LIC, UTI etc.

Deductions from the total income of the handicapped persons under Section 80 U is Rs.

40,000/-

2. Custom Duty Concessions

The Central Government exempts certain pre-identified categories of goods when imported

into India by a locomotor handicapped or disabled person for his personal use, from the whole

of the duty of customs and the additional duty subject to the condition that the importer

produces to the Assistant Collector of Customs, at the time of importation, a certificte from the

Civil Surgeon of the District, Medical Officer or the Administrative Medical Officer or the

Director of Health Services of the concerned State or a Specialist in the concerned speciality

attached to Government Hospital or a recognised medical college to the effect that the importer

suffers from the particular handicap or disability and that the imported goods is respect of

which the exemptions claimed are essential to overcome the said handicap or disability. The

list includes:

a) Orthopaedic appliances falling under heading 90.21 of the first schedule to the

Customs Tariff Act.

b) Wheel Chairs falling under heading No. 87.13 of the said first schedule.

3. Other Tax Concessions

Physically handicapped persons owning a motorised vehicle get exemption from paying road-

tax.

5.8 CENTRAL GOVT. SCHEMES FOR REHABILITATION

5.8.1 Reservations in Jobs

Since 1977, the Central Government has reserved three percent of the vacancies in lower level

posts. This reservation is not against all vacancies, but is limited to posts which the

handicapped can satisfactorily manage. Similar reservations in favour of the handicapped have

been made by several State Government and Union Territories. This reservation policy has

been genuinely welcomed by the handicapped population. The Central Government has also

set up Special Employment Exchange to exclusively register and place handicapped job-

seekers.

It is generally found that orthopaedically handicapped persons can handle a wide variety of

jobs in most organisations. Locomotor disabled persons do not suffer from any learning or

sensory difficulty and could, therefore, handle most jobs, Field jobs, which require a high

degree of mobility, would however, present difficulties for them. Locomotor disabled persons

should not generally be excluded from any job and should be considered as eligible for holding

all jobs other than those types which are outside their physical capabilities.

Most of the jobs whether technical or non-technical can be handled by the locomotor

handicapped persons depending upon the nature of the jobs and the degree of the disability.

Most of the undertakings/ banks and representatives of the various departments are of view that

persons with loss of not more that one upper limb could handle a large number of jobs both in

technical and non-technical areas while persons with disabilities lower extremities could

handle jobs in which a high degree of mobility is not needed.

Jobs in Finance, Accounts, Hindi(Translation), Law and Personnel Departments can be

handled by the orthopaedically handicapped.

Proper placement of the handicapped persons is not possible without identifying the suitable

for employment of handicapped persons.

3% vacancies are reserved for the physically handicapped persons in group ‘C’ and ‘D’ posts

in Central Services and in comparable posts in government of the Public Sector Undertakings.

The categories of disabilities covered under this scheme are the blind, the deaf and the

orthopaedically handicapped persons. Priority is accorded for submission for candidates by

employment exchanges against Central Government Vacancies for Group ‘C’ and ‘D’ posts.

Where a sufficient number of person belonging to a given category of the physically

handicapped is not available, the unfilled vacancies will be carried over for a period up to three

recruitment years.

5.8.2 Programmes of Integrated Education

The Programme of Integrated Education by placing handicapped children in ordinary schools

provides for special coaching classes qualified and specially trained teachers for every type of

handicapped child. Assessment at the time of admission and later at regular intervals is major

feature of this programme.

The Central Government has taken the responsibility of meeting 100% expenditure.

Fellowships

The University Grants Commission has reserved 1% of the fellowships allocated to the

University for the handicapped.

Admission into ITIs

In Industrial Training Institutes, State Government have reserved 3% seats for the handicapped

under the Craftsmen Training Programme at the Centre/State level have been instructed to

identify trades from among the existing 136 trades designated under the Apprentices Act, 1961

considered suitable for Apprentices. Training of the physically handicapped and to place the

maximum number of handicapped apprentices in the establishment concerned so as to achieve

to overall target of 3% taking all the establishments in the public and private sectors together.

Others

Handicapped persons are exempted from payment of application and examination fee as

prescribed by UPSC/SSC.

Hostel facilities for physically handicapped students are provided by certain States and Union

Territories.

5.8.3 Other Benefits

Allotment of Accommodation on Priority Basis

Ad-hoc allotment of general pool residential accommodation to the physically handicapped

employees is allowed on request after recommendation by the special recommendation

committee and on approval of the Ministry of Urban Affairs and Employment.

5.9 UNIT SUMMARY

o The Disability Division in the Ministry of Social Justice and Empowerment facilitates and

supports the persons with disabilities through various schemes such as the Umbrella Scheme called Pt.

Deen Dayal Upadhaya Scheme and the ADIP Scheme.

o The PwD Act supports a scheme to encourage private sector companies to employ persons

with disabilities. For disabled employees, earning less than Rs. 25,000/- per month, government

contributes the private company’s share of the Employer’s Provident Fund amount.

o The National Trust Act enables and empowers persons with disabilities to live as

independently and as fully as possible within and as close to the community to which they belong and

provides support to them to live within their own families.

o The National Trust supports the Gharaunda Scheme, Samarth Scheme, Aspiration Scheme,

Remote Area Funding Scheme, Niramaya Scheme, Gyan Prabha Scheme, Uddyam Prabha Scheme

and Arunyim Scheme

o Government of India gives special concessions to persons with disabilities for travel in train

and air, telephone connections, income tax rebate and loans at reduced interest rate.

o 3 percent of jobs are reserved for persons with locomotor disability, visual impairment and

hearing impairment in the public sector jobs.

5.10 CHECK YOUR PROGRESS

1. To be eligible to receive aids and appliances under the ADIP Scheme, the person with

disability must fulfill the following criteria

a)

b)

c)

2. The NHFDC supports persons with disabilities and their family members through the

following functions:

_______________________________________________________________________________

_______________________________________________________________________________

3. Mark the following sentences as true (T) or false (F)

a) The government compensates the private companies who employ persons with

disabilities by paying for a part of their salaries.

b) National Trust does not provide any financial support to NGOs through its different

schemes.

c) Under the IEDC scheme, children with disabilities are integrated in the special school

system.

d) SSA aims to ensure that there are no school drop outs by the year 2010.

e) A deaf person traveling alone on production of a duly signed certificate gets concession

of 75% to travel in the AC class.

f) No income tax benefit is given by the government to persons with disabilities.

5.11 ASSIGNMENT/ ACTIVITY

Identify two children in your area who can benefit from various concessions of the

Central and State Govt. indicating how they can benefit.

5.12 POINTS FOR DISCUSSION AND CLARIFICATION

After going through the unit you may like to have further discussion on some points and clarification

on other. Note down those points below:

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5.13 REFERENCES

1. Government of India, Handbook on Disability Rehabilitation. New Delhi: National Information

Centre on Disability Rehabilitation, Ministry of Social Justice and Empowerment.

2. NCPED and NAB (1998) Role of NGOs vis-à-vis the employment scenario in India with reference

to disabilities, New Delhi.

3. Respective State Government – Department of Welfare compilation of benefits and concessions.

FOUNDATION COURSE ON EDUCATION OF CHILDREN WITH DISABILITIES

Block – 1 Introduction of Disability & Inclusive Education.

Unit 1:Historical & Contemporary Perspectives. (Rights, Inclusion, Empowerment etc.)

Unit 2:Nature and Needs (Definitions, Types of Disabilities, Causes, Functional Deficits etc.)

Unit 3: Legislative Framework

Unit 4: Inclusive Education Concepts & Practice.

Unit 5: Government Schemes & Concessions

Block – 2 Early Identification, Assessment & Intervention.

Unit 1: Early Childhood Development

Unit 2: Early Identification & Assessment

Unit 3: Early Intervention

Unit 4: Role of Key Players

Block – 3 Education of Children with Disabilities

Unit 1: Understanding Educational Needs.

Unit 2: Education Models.

Unit 3: Curriculum Adaptation

Unit 4: Teaching & Learning Material, Aids & Equipments

Unit 5: Behaviour Management

Block – 4 Assistive Devices & Therapies

Unit 1: Development of Adaptive Skills, Assistive Devices and Special Therapies for Children

with Hearing Impairment

Unit 2: Development of Adaptive Skills, Assistive Devices for Children with Visual Impairment

Unit 3: Development of Adaptive Skills, Assistive Devices and Special Therapies for Children

with Mental Retardation

Unit 4: Development of Adaptive Skills, Assistive Devices And Special Therapies for Children

with Locomotor Impairment, Cerebral Palsy And Spinal Injury

Unit 5: Development of Adaptive Skills, Assistive Devices and Special Therapies for Children

with Other Disabilities

Block – 5 Practical Training in Inclusive Education

Unit 1: Case work on Identification and Assessment.

Unit 2: Observation of Inclusive School

Unit 3: Practical Training on Assistive and Augmentative Devices and Methods.

Unit 4: Community work

Unit 5: Practice Teaching