BLOCK

BLOCK 1 INTRODUCTION TO DIABILITY AND INCLUSIVE EDUCATION

CONTENTS

UNIT 1 UNIT 2

HISTORICAL & CONTEMPORARY DISABILITY AND REHABILITATION NATURE & NEEDS

PERSPECTIVES

ON

UNIT 3
UNIT 4 UNIT 5

LEGISLATIVE FRAMEWORK
INCLUSIVE EDUCATION CONCEPTS & PRACTICES GOVERNMENT SCHEMES AND CONCESSIONS

Expert Committee
Dr. Hemlata Director (I/C), NCDS, IGNOU New Delhi Dr. Indumati Rao Director, CBR Network Bangalore Mrs. Indu Chaswal Expert in Multiple Disability, Delhi Dr. Himanshu Das Expert in Mental Retardation, Delhi Dr. J.P. Singh Member Secretary, Rehabilitation Council of India Studies, Secunderabad Mrs. Anupriya Chaddha Consultant, ADCIL, Delhi Mr. H.R. Dhall Director, Arpan Institute for Mental Retardation Rohtak Dr. S.K. Prasad Dy. Director, NCDS, IGNOU New Delhi Dr. L. Govinda Rao Chairperson & Chief Mentor, Veda Institute of Developmental Mrs. Pubali Aggarwal Lecturer in Visual Impairment, Blind Relief Association New Delhi Dr. V.P. Sah Associate Professor, AYJNIHH (NRC) New Delhi Dr. Amiteshwar Ratra Research Officer, NCDS, IGNOU New Delhi

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

Block Editor
Dr. J.P. Singh

Programme Coordinator
Dr. Hemlata NCDS, IGNOU, New Delhi

Material Production
January, 2009 Indira Gandhi National Open University, 2009 All 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 Universitys 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 STRUCTURE

1.1 1.2 1.3 Introduction Objectives Historical perspective 1.3.1 1.3.2 1.4 International National 1.4.1 1.4.2 1.5
1.6

Contemporary perspective International National

Paradigm Shift Unit Summary Check Your Progress Assignments/Activities Points for Discussion and Clarification References

1.7 1.8 1.9 1.10

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. Lets 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 20 th 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 deafblind person, was a student of Howe, who tutored Helen Keller. Pedro Ponce de Leon of Spain, in the late 1500s 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 1700s. Abbe de IEpee 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. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ _______________________________________________

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 Disabled 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 childs 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 Providing services and support that parents and children with disabilities need in order to be in 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 Teachers and administrators taking these concerns seriously. disabilities normal settings.

disabilities.

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 rightsbased 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. 2. 3. 4. 5. 6.

Self-help organizations of persons with disabilities and related family and parent associations, Women with disabilities, Early detection, early intervention and education, Training and employment, including self-employment, Access to built environments and public transport, Access to information and communications, including information, communication and Poverty alleviation through capacity building, social security and sustainable livelihood

assistive technologies and

7.

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

group of 0 to 6 years.
-

intervention of children at risk.

-

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 setting

There 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 services

Some 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 orientation

Many 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 Groups

Parents 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 work

Organizational 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 transdisciplinary 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 roof
As 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 Rights based inclusive model is to be promoted and it is the

Acts concerning the PWDs.

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) b) c) Biwako Millennium Framework for Action has ______ priorities. United Nations CRPD focuses mainly on _________________________________ The constitution of India prohibits discrimination on grounds of ______________________

________________________________. 2. Mention if the following sentences are True or False a) b) Persons with Disabilities Act 1995 has covered all the provisions of UNCRPD True/False. 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

__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ ______________________________________________________

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:
STRUCTURE
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 Introduction: Objectives

NATURE & NEEDS

Meaning types and definition of disability Causes of disabilities Functional deficits and special needs. Good Disability Rehabilitation Practices Unit Summary Check Your Progress Assignments/Activities. 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) cant 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. 2. 3. 4. Understand the meaning and definition of disability as per the PWD Act 1995. Know the various types of disability, causes of disability and the functional deficits of Understand the services and support needed by the PWDs on rights and inclusion based Acquaint with good rehabilitation practices for creating an enabling environment for

the PWD. approach. the children with disabilities (CWD).

2.3

MEANING, TYPES AND DEFINITION OF DISABILITIES

2.3.1 Meaning
The 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.

Disease

Impairment

Disability

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.

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 WHOs 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:
Body function and structure (Impairment) Level of Body Activity (Limitations) Level of Person Participation (Restrictions) Level of Society

"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 persons 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 functions are the physiological functions of body systems (including psychological 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 Activity limitations are difficulties an individual may have in executing or carrying out Participation restrictions are problems an individual may experience in involvement in life Environmental factors refer to the physical, social and attitudinal environment in which

functions) .
-

of a club, community functions).

-

activities.
-

situations.
-

people live and conduct their lives. The ICF definition recognizes that the impairment restricts the persons 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 Disability

According 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) ii) iii) iv) v) vi) vii) Blindness Low vision Leprosy-cured Hearing impairment Locomotor disability Mental retardation Mental illness

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

namely: 1. 2. 3.
(ii)

Total absence of sight; or Visual acuity not exceeding 6/60 or 20/200 (Snellen) in the better eye with correcting Limitation of the field of vision subtending an angle of 20 degree or worse.

lenses; or 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. 3.

Manifest deformity and paresis but having sufficient mobility in their hands and feet to Extreme physical deformity as well as advanced age which prevent him from

enable them to engage in normal economic activity. 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. 2. 3. 4. Autism Cerebral Palsy Mental Retardation 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 Cerebral Palsy means a group of non-progressive conditions o0f a person characterised by

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

2.

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 infants first month of life have indicated genetic defects later Studies on identical twins have shown a sixty percent chance of developing autism if one of the

leading to condition of autism. 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 Years of studies and research have confirmed that autism is not a result of bad parenting and is not factors because not every identical twin of an autistic child develops the condition. 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. 3.

Hearing: Hearing helps the person to protect from dangers, find out the signals and become Movements: Movement is basic need for daily living. This will also helps the man in

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

B. Visual Impairment:

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. 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. Find difficulties in the following areas. Self-care Interpersonal Activities (Social relationships) Communication and understanding work

D. Mental Retardation:

E. Mental Illness:

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. 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. 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 Difficulty in mathematical judgment and reasoning. Difficulty in pointing to numeral when named. Reversal of numbers (23/32, 201/102)

Signs of writing disability:

Signs of problems in Mathematics:

units/tens/hundreds.

Guidelines and suggested strategies for dealing with learning disabilities: 1. 2. 3. transition. 4. 5. 6. 7. 8. 9. 10. 11. Break activities into small steps. Repeat both old and new materials, in different ways. Do not use playtime to finish work. Reward any/all good behavior. Do not expect the student to listen and write simultaneously. Teach how to ask questions. Mark positively tick the good bits. Seek opportunities to praise and build self-esteem. As they take much longer time to learn and also get tired quickly, teachers need to Do not speak too fast. Information concerning the student should be passed on when the student is in show patience and give sufficient time and space according to their pace of learning.

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) b) c) d) Inability to perform functional activities is called __________________. _________________________ is denoted by anomalies on organ, tissues, or functioning Limitations is fulfilling ones age appropriate socio-cultural role is know as Where as ______________ situation specific, ____________ is an aspect of life.

of body systems. ______________.

6. Match each of the disabilities which ensuing handicaps Disability a) loss of sight b) loss of hearing c) loss of arms d) loss of legs e) mental deficiency i) mobility ii) employment iii) schooling iv) communication v) self care Handicap

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 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------2.10.2 Points for Clarification ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

2.11 REFERENCES
1. 2. 3. 4. 5. Status of Disability in India (2000), Rehabilitation Council of India, New Delhi. Panda, K.C. (1997), Exceptional Children: New Delhi, Vikash Publishing House. Govinda Rao, L (2007), Perspectives on Special Education: Hyderabad, Neelkamal Ashman, A & Elkins, J (Eds) (1994) Educating Children with Special Needs, Prentice Hallahan, D.P. & Kauffman, J.M.(1991) Exceptional Children : Introduction to

Publications Pvt.Ltd. Hall, New York. Special Education, Allyn & Bacon, Boston.

UNIT 3:
STRUCTURE
3.1 3.2 3.3 Introduction Objectives

LEGISLATIVE FRAMEWORK

International Legislations 3.3.1 3.3.2 3.3.3 3.3.4 3.3.5 Child Rights & Human Rights UN Declaration on the Rights of the Persons with Disabilities The Salamanca Statement and Framework for Action on Special Needs Biwako Millennium Framework of Action. U.N. Convention on the Rights of the Persons with Disabilities (UNCRPD) Constitutional provision Mental Health Act, 1987 RCI Act, 1992 PWD Act, 1995 National Trust Act, 1999

Education (1994)

3.4

National Legislations 3.4.1 3.4.2 3.4.3 3.4.4 3.4.5

3.5 3.6 3.7 3.8 3.9

Unit Summary Check Your Progress Assignment/Activity Points for Discussion and Clarification 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. 4. 5.

Understand the mandate of the UN Convention and other International declaration. Understand the need to comply with the provisions of UN Convention. 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 The need to extend particular care to the child had been stated in the Geneva Declaration of Declaration of the Rights adopted by the General Assembly on 20 November 1989.

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

the Rights of the Child in 1924

(iii)

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 Persons

The 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 Society
The 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) 2008
The 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 ones 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 Provisions

As 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. applicable to the persons with disabilities. All these provisions are equally

3.4.2 Mental Health Act, 1987

The 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 Persons with mental illness live in a society that is inclusive and supportive to both persons To protect persons with mental illness against abuse from others and prevent them from Persons with mental illness exercise their right to receive care and maintenance during their Persons with mental illness have access to guardianship if they seek assistance in taking care or Stringent systems are in place to establish psychiatric hospital and nursing homes and regulate The Act also creates a central authority and state authorities for mental health services. These receive treatment. with mental illness and non-disabled persons. committing abuse. time of stay in psychiatric hospitals and nursing homes. managing their own affairs. the quality of services delivered. . 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, 1992

The 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 To prescribe minimum standards of education and training of various categories of To regulate these standards in all training institutions to bring about uniformity throughout the To recognise institutions/universities running degree/diploma/certificate courses in the field of To recognise foreign degrees/diplomas/certificates awarded by universities / institutions on a

disabilities; professionals dealing with people with disabilities; country; rehabilitation of the disabled and to withdraw recognition, wherever facilities are not satisfactory; reciprocal basis.

To maintain Central Rehabilitation Register of persons possessing the recognised To encourage Continuing Rehabilitation Education (CRE) for professionals trained and To promote research in rehabilitation and special education. To recognise Vocational Rehabilitation Centres as human resource development centres.

Rehabilitation qualification; working in the field, in collaboration with organisations working in the field of disability.

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 retraining 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 Practice as rehabilitation professional anywhere in India Sign or authenticate any certificate required by law to be signed or authenticated by a Give evidence in any court as an expert on any matter relating to the handicapped maintained by a local or other authority.

rehabilitation professional;

Rights of persons with disabilities that emerge from the RCI Act Persons with disabilities can exercise their right to: II. Be supported by trained and qualified rehabilitation professionals Access minimum standards of education required for recognition of rehabilitation qualification Maintenance of standards of professional conduct and etiquette by rehabilitation professionals Protected by the regulation of the profession of rehabilitation professionals Write in your own words the main objectives of RCI.

by Universities and other institutions in India.

_________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

__________________________________________________________________________________ _______________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ _

3.4.4 The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
The 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) (iv) exploitation. (v) (vi) in mainstream society. (vii) under the Act.

To remove any discrimination against persons with disabilities in To protect persons with disabilities against abuses and

the sharing of development benefits

To lay down strategies that will ensure comprehensive To make special provisions for including persons with disabilities To establish Co-ordination Committees and Executive Committees

programmes and services and equal opportunities for persons with disabilities.

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

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) (ii) (iii) (iv) (v) (vi) (vii) Blindness, Low Vision, Leprosy cured, Hearing Impairment, Locomotor Disability, Mental Retardation and 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) (ii) While India has adopted a narrow medical model of defining disability, the UNCRPD Further, the PWD Act is primarily concerned with the social and economic rights of

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

__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

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

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

Programmes

Donations, Gifts, Grants. Benefactions, bequests or transfers from individuals and organisations. Funds in any other manner or from any other source.

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. 2.

RCI Act 1992: The Act guarantees right of the child to be taught by a qualified teacher. 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 Every child with disability shall be placed in the most appropriate educational Reserves 3% seats for children with disability in every aided school in the country. Establishes grievance redressal machinery at the central and state levels. age. environment.

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. 2. 3. 4. What are the essential features of UNCRPD? Narrate three basic differences between UNCRPD and PWD Act. What are the main features of Persons with Disability Act 1995? 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: -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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. 6. 7. UNCRPD 2008 Biwako Millennium Framework of Action. 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

STRUCTURE
4.1 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, inspite 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 effect of disabilities on students varies from individual to individual and the implications for The family and social circumstances of a child is also crucial for deciding whether a child can be Each student should have the opportunity to experience meaningful challenges, exercise choice

the unique needs of all individual students when given adequate training and supportive services inclusion differ accordingly placed in an inclusive setting 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, An adapted school environment is needed to suit the needs of every child with disability. training and evaluation

Thus, the following have to be kept in mind to make inclusion as defined in its right perspective:

1. 2. 3. 4. 5.

All children in school, learning together Schools are for everyone Appropriate support services No discrimination 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.

Equality
Belongingness

Support Based on needs, not labels

Characteristics of Inclusive School

Diversit y

Sense of Community

Activity 2 Lets now look at a checklist and mark true or false against the statements that make an inclusive school. An inclusive school: S. No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Statement Believes in giving admission to all children Favours some children and not give adequate attention to others Values all children equally Has discussions with the teachers on how to teach Ignores the idea of providing training to teachers Rejects the thought that all children are unique Endeavors to meet the learning needs of all children Prefers to teach all children in the same manner without taking care of their individual needs Involves parents as partners in the learning process Disregards community involvement in school related activities Does not provide for appropriate support that might be needed for children Does not consider improving access so that all children are able to come to school Works as a team with all involved in all aspects of learning Is closed to the idea of having resources such as library, teaching learning material etc. Gives labels to each child Adopts flexibility in its approach to teaching children Emphasizes on building support for teachers to improve their teaching process Considers collective teaching as the best method of teaching, without paying due attention on individualized teaching approach Does not want to change itself, even if it is T /F

18 19

20 21 22 23 24 25

important for children Tries to reason out the problems faced by teachers/schools Does not realize the importance of collaboration and co-operation Cannot think of ways of accommodating children who are different from others Focuses more on weaknesses and not ion strengths Appreciates diversity Attempts 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.

Parents

Children with special needs

Key Players in IE

General teacher

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

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? __________________________________________________________________________________ __________________________________________________________________________________

__________________________________________________________________________________ _______________________________________________________________________________________

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 childrenin the form of early childhood intervention before enrolmentis 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. 1 2 3 4 5 6 7 8 Key Player Regular teacher Parents Community Head- Masters Defining Feature Provide remedial teaching to CWSN, sometime in an itinerant mode Are open to providing admission to all children in their school Should have high expectations of their CWSN Based structures like PTA/MTA should be to

inclusion Resource teachers Require teaching to teach CWSN Non-disabled peers Support the idea of an inclusive school CWSN Are exposed to the needs of differently-abled children Local Education Benefit by coming to a regular school Authorities

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: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ _________________________________________________________________________________________

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:
STRUCTURE
5.1 5.2 5.3 Introduction Objectives

GOVERNMENT SCHEMES AND CONCESSIONS

Schemes under Ministry of Social Justice and Empowerment 5.3.1 5.3.2 5.3.3 5.3.4 DDRS (Umbrella Scheme) Scheme of Assistance to disabled persons for purchace/fitting of aids and appliances (ADIP Scheme) Scheme of National Scholarships National Handicapped Finance Development Scheme Scheme for Providing Employment to Persons with Disabilities in the Private Sector

5.4

Schemes of the Persons with Disability Act 5.4.1

5.4.2 5.5 5.5.1 5.5.2 5.5.3 5.5.4 5.5.5 5.5.6 5.5.7 5.5.8 5.5.9 5.6 5.6.1 5.6.2 5.7 5.7.1 5.7.2 5.8 5.8.1 5.8.2 5.8.3 5.9 5.10 5.11 5.12 5.13

Technology Development Projects in Mission Mode 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 Ministry of Human Resources Development Ministry of Health Travel Concession Tax concessions Reservation in Jobs Programmes of Integrated Education Other Benefits

Schemes of the National Trust Act

Key schemes supported by other related ministries

Concessions Offered by Central Government to Persons with Disabilities

Central Government Schemes for Rehabilitation

Unit Summary Check Your Progress Assignment/Activities Points for discussion/clarification 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. 2. 3. 4. 5. 6. Know about the key schemes supported by Ministry of Social Justice and Empowerment Understand the salient features of the schemes that are supported by the Persons with Know the schemes that are supported by the National Trust Act. Know about the key schemes supported by other related ministries. Acquaint yourself with the functions of the National Institutes and their objectives. Learn about the concessions available for persons with disabilities

Disability Act

5.3

SCHEMES UNDER MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT

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. 2. 3. 4. To ensure equal opportunities, equity and social justice to persons with To empower persons with disabilities. To implement outreach and comprehensive Community-based Rehabilitation To enlarge the scope of vocational and professional opportunities, income disabilities.

programmes in urban and rural environments. 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 Project for Low Vision Centres

with disabilities and their family members

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. b. c. A registered body, and registered in any one of the following ways: Registered under the Societies Registration Act, 1860 (XXI of 1860) or any relevant A public trust registered under the law for the time being in force; or, 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.

Act of the State/Union Territory, or

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, Ensure that the aids and appliances conform to standard specifications to the maximum extent good quality aids and appliances 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 Person whose monthly income from all sources does not exceed Rs.8,000/

s/he would benefit from the use of the prescribed aid/appliance.

 month.

In the case of dependants, the income of parents/guardians should not exceed Rs.8,000/- per 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 Various types of hearing aids

synthesizers or Braille attachments for computers.

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 selfemployment 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) b) c) d) Promote economic development activities and self-employment ventures for the benefit of persons with disability. Extend loans to the persons with disability for upgrading their entrepreneurial skills for managing self-employment activities. Extend loans to persons with disability for pursuing professional or technical education that will help in seeking employment. 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: 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 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

5.3.4-C The NHFDC through other schemes:

Provides financial assistance to Parents Association for persons with Mental Retardation to set Gives a rebate of 1% on interest on loans given to women with disabilities

up an income- generating activity for the benefit of persons with mental retardation

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 companys 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: school. Respite care services (for parents). Social & family integration. Awareness generation amongst parents of persons with disabilities, its 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 Audio logical assessment & suitable referral. Music drama / play therapy / pre-vocational training. Facilitation in getting admission into special school and inclusive family members & related Govt. Officials / Teachers.

therapy / speech / psychotherapy & psychiatric intervention.

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, Training of parents / siblings, professional, consultant etc. Motivation, counselling, social integration activities. Early intervention, Educational, Pre-vocational & Vocational activities.

its family members & related Govt. Officials / Teachers & facilitation of services.

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
5.6.1

KEY SCHEMES SUPPORTED BY OTHER RELATED MINISTRIES

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. b. c. d. e. f. Children with locomotor handicaps Mildly and moderately hearing impaired. Partially sighted children. Mentally handicapped-educable group (IQ 50-70). Children with multiple handicaps (blind and orthopaedic, hearing impaired and Children with learning disabilities.

orthopaedic, educable mentally retarded and orthopaedic, visual impaired and mild hearing handicap).

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. 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 Provision for alternative modes of examination for blind and other children with physical disabilities coming in the

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 Indias 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 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 No school drop-outs after 2010

Guarantee Centres, Alternate Schools, ' Back-to-School' camp by 2003;

elementary education level by 2010

SSAs 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. 2. 3. 4. 5. 6. 7. 8. 9. National Leprosy Eradication Programme Universal Immunisation Programme including Pulse Polio programme National Tuberculosis Control Programme National Programme of Blindness Control National AIDS Control Programme Reproductive and Child Health Programme National Iodine Deficiency Disorder Control Programme National Mental Health programme National Programme for Prevention and Control of Deafness

5.7
5.7.1 1.

CONCESSIONS OFFERED BY THE CENTRAL GOVERNMENT

Travel Concessions 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 1. Tax Concessions 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/-. LIC, UTI etc. Deductions from the total income of the handicapped persons under Section 80 U is Rs. 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

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) b) Orthopaedic appliances falling under heading 90.21 of the first schedule to the Customs Tariff Act. 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 roadtax.

5.8
5.8.1

CENTRAL GOVT. SCHEMES FOR REHABILITATION

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 jobseekers. 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
o

UNIT SUMMARY
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 companys share of the Employers Provident Fund amount.

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 o Government of India gives special concessions to persons with disabilities for travel in train 3 percent of jobs are reserved for persons with locomotor disability, visual impairment and and air, telephone connections, income tax rebate and loans at reduced interest rate. hearing impairment in the public sector jobs.

5.10
1.

CHECK YOUR PROGRESS

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 _______________________________________________________________________________ _______________________________________________________________________________ 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.

following functions:

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: -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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--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: Unit 4: Unit 5: Block 2 Legislative Framework Inclusive Education Concepts & Practice. Government Schemes & Concessions

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