This guide is general information, not legal advice. For your own situation, read the Act itself and speak to a qualified lawyer or a disability rights organisation.
India’s main law on the rights of people with disabilities is the Rights of Persons with Disabilities Act, 2016, usually called the RPwD Act. It received the President’s assent on 27 December 2016, replaced the Persons with Disabilities Act of 1995, and was passed to give effect to the UN Convention on the Rights of Persons with Disabilities. Four parts of it matter most to families and teachers.
1. Inclusive education is a duty (Section 16)
Section 2(m) defines inclusive education as a system in which students with and without disability learn together, and in which teaching and learning are suitably adapted to the needs of different students with disabilities. Section 16 says the appropriate government and local authorities shall endeavour that every educational institution they fund or recognise provides inclusive education. Towards that end, such institutions are expected to:
- admit children with disabilities without discrimination, and give them education and opportunities for sports and recreation equally with others;
- make buildings, campuses and facilities accessible;
- provide reasonable accommodation according to the individual’s requirements;
- provide the necessary support, “individualised or otherwise”, in environments that maximise academic and social development;
- teach children who are blind or deaf, or both, in the most appropriate languages and modes of communication;
- detect specific learning disabilities early and take suitable teaching measures;
- monitor the participation, progress and completion of education of every student with a disability; and
- provide transport for children with disabilities, and for an attendant where the child has high support needs.
The words “individualised” support and monitoring of “progress” are the legal footing for the kind of planning an IEP does. The Act itself does not set out an IEP procedure. That detail usually comes from board and state guidance; see What Is an IEP?
2. What governments must do (Section 17)
Section 17 lists specific measures for the government. They include a survey of school-going children every five years to identify children with disabilities and their needs, training teachers and other staff, setting up resource centres, and providing books, learning materials and assistive devices free of cost to students with benchmark disabilities up to the age of eighteen.
It also covers examinations. The Act names suitable changes to the curriculum and examination system, with examples such as extra time, the facility of a scribe, and exemption from second and third language courses. Ask your child’s school and board how these are applied and what paperwork is needed.
3. Free education for children with a benchmark disability (Section 31)
Every child with a benchmark disability between the ages of six and eighteen has the right to free education in a neighbourhood school, or in a special school, of their choice. Governments must ensure access to free education in an appropriate environment until the child is eighteen.
In simple terms, a benchmark disability means at least 40 per cent of a specified disability, as certified by the certifying authority. For some disabilities the Act defines the threshold in measurable terms instead (Section 2(r)). The specified disabilities are listed in the Schedule to the Act. They include locomotor disability, blindness and low vision, deaf and hard of hearing, speech and language disability, intellectual disability, specific learning disabilities, autism spectrum disorder, mental illness and multiple disabilities, among others. A certificate of disability issued by a certifying authority is valid across the country (Section 58).
4. Reasonable accommodation
Section 2(y) defines reasonable accommodation as the necessary and appropriate modifications and adjustments, without imposing a disproportionate or undue burden, that let a person with a disability enjoy their rights equally with others. Under Section 2(h), denial of reasonable accommodation counts as discrimination. This is the principle behind many everyday school adjustments, such as seating, extra time or modified materials.
If a school refuses or fails to support your child
- Write to the school. Say clearly what your child needs and what has been refused. Keep copies and dates.
- Take it up within the system. Speak to the principal or management, then to the board’s regional office or the state education department, as applicable.
- Approach the State Commissioner for Persons with Disabilities. Under Section 80, the State Commissioner can inquire into the deprivation of the rights of persons with disabilities and take the matter up with the authority concerned for corrective action. Under Section 81, an authority that receives such a recommendation must act on it and report back within three months, or explain why it did not accept it. State Commissioners have heard complaints about school admission and access, for example in Delhi and Goa.
- Get advice. A disability rights organisation or a lawyer can help you choose the right route for your case.
What this guide does not cover
It does not cover state rules, board-specific concessions, school fees, or the Right to Education Act, 2009, which also applies to children aged six to fourteen. Laws and rules change, so check the current text before you rely on it.
Sources
- Government of India, The Rights of Persons with Disabilities Act, 2016 (Act 49 of 2016), Sections 2, 16, 17, 31, 58, 80 and 81.
- State Commissioner for Persons with Disabilities, Delhi, an order on a school admission complaint.
- State Commissioner for Persons with Disabilities, Goa, an order on inclusive education under Sections 16, 17 and 31.
This guide is general information, not legal, medical or professional advice. If something here does not match your situation, please speak to a qualified professional.