Mon. Oct 19th, 2020

Directions issued to fulfill the shortcomings towards the implementation of Persons with Disabilities Act, 1995

2 min read

Himachal
Pradesh High Court- Taking suo motu cognizance of
the letter which enumerated the difficulties faced by three blind and deaf
students in the educational institutions either run by the State of Himachal
Pradesh or by the H.P. Council of Child Welfare and that the provisions of Persons
with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 are not being followed properly, the Court issued
various directions to the respondents accordingly. The Court observed that the
children with special needs fall in separate class altogether and it is the
duty of the State to provide free and compulsory education to such children up
to University level and all the professional courses in all the educational
institutions under Articles 21, 21 A of the Constitution and suggested the
respondent State to enact such a law for the children with special needs up to
University level and professional courses in all the educational institutions
including Universities.

Taking note of the fact that there is
dearth of professional teachers, inadequate scholarships and lack of basic
amenities like tables, chairs in their rooms, Braille books and magazines, audio books in digital format (DAISY) and
others, the Court stated that ordinarily it cannot
sanction creation of posts but extraordinary situations, like herein requires extraordinary
measures, hence ordered creation of posts, grant of the basic facilities and also
increased the scholarships of students from class 1st till graduation
level accordingly. [Court on its own
Motion v. The State of Himachal Pradesh, 2015 SCC OnLine HP 1264, decided on
04.06.2015]

 
Source: Legal news India

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