Unfortunately the Hon. Minister, as usual, was not ready to accept the proposal...

THE UNANSWERED QUESTIONS : RTE AMENDMENTS & CHILDREN WITH DISABILITIES

M.P. RAJEEVE ADDRESS ON 24-4-2012 DURING RAJYA SABHA DEBATE as extracted from verbatim Rajya Sabha debate source Sir, while participating in the discussion on the Right to Education Bill, I had raised the issues of the children facing autism and cerebral palsy. I requested the Minister to come with a proper amendment of the ill to address these issues. But unfortunately the hon. Minister, as usual, was not ready to accept the proposal. After the reply, I again requested the Minister to take it up on a humanitarian ground and consider the genuine demands of the disabled children. Again I met him personally in the House. But the Minister was not ready to accept the proposal. Sir, had the Minister accepted the proposal, at that time, we would have avoided this amendment Bill because this Bill was first introduced in the Rajya Sabha itself. The Minister could have got enough time to place official amendment in the House at the time of introduction. But the Minister did not accept the genuine demand. Then, we could have avoided this amendment Bill. The differently abled children could have enjoyed this right earlier. Sir, in our parliamentary system we have several ways to incorporate the views of the civil society and experts in the legislative process. One of the important mechanisms is our committee system. The Committee has a right to hear all the interested persons and experts. Every citizen, if he is interested, will get a chance to present his views before the Committee. Our committees are doing wonderful job. But unfortunately the response of the HRD Ministry to the recommendation of the Standing Committee on HRD is totally undemocratic. The recommendations of the Standing Committee on HRD on this Bill were not considered by the Ministry. I will come to that point later. The same thing happened in the case of the Education Tribunal. The Minister was compelled to request the Chair to defer the Bill. In a developed democratic system, the Ministry has no right to overrule the recommendations of a Parliamentary Committee. Only the Parliament has the power to do that. But the undemocratic method adopted by the Ministry has created a vacuum in our system...So, I request the Minister to consider the recommendations of the Standing Committee on this Bill also. While discussing differently abled children or while discussing this Bill itself, the main weakness of the Bill and the original Bill is the absence of a proper definition of disability. We cant find a proper definition of disability in any existing law. Now we are making an amendment to provide these facilities to the children who are facing autism and cerebral palsy. After some time new types of disabilities will come up and we will be compelled to further amend this Act.

 The undemocratic method adopted by the Ministry has created a vacuum in our system ...
The main weakness of this Bill is lack of a proper definition. Keeping in view the UN Convention on Rights of People with Disabilities, the definition would be like this: A child with disability includes a child with long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers hinder full and effective participation on an equal basis with others . This is the definition as per the UN Convention. So, I request the Minister, through you, Sir, to define disability properly. I hope the Minister is also hearing these important things. Sir, while introducing the Bill the Minister has stated that now all types of disabilities are covered and all types of disabled children would get the benefits under the Right to Education Act. But what about the children who are suffering from dyslexia? This doesnt find a place in the Disabilities Act, 1995. This does not find a place in the National Trust Act, 1999. Dyslexia is not covered by these two Acts. Then, what would be the fate of the children who are suffering from dyslexia? The Minister has stated in this House, while introducing the Bill, all types of disabilities would now come under the purview of this Bill. Now, what about dyslexia? The Standing Committee on Human Resource Development in para 3.7 of its Report correctly states, The Committee finds that dyslexia which is also a disability observed in children, does not find a place in the above mentioned two Acts. The Committee is of the view that dyslexia and any other type of disability, if existing, also need to be included in the definition of child with disability . The Committee, therefore, recommends that necessary modifications in the definition of child with disability may accordingly be made . This is the recommendation of the Standing Committee. I am not trying to elaborate the relevance and the philosophy of true education. This is the proposal of the Standing Committee. When I have raised the issue of students affected with autism and cerebral palsy, the Minister said, Yes, we will amend the Disabilities Act and we will amend the other Act also . I expect the same reply now also, We are trying to amend the existing Acts and then these people who are suffering from dyslexia will get an opportunity to enjoy the benefit of this Act . That is very unfortunate. These people are suffering a lot. This is about the people who are suffering from dyslexia. Therefore, I request the Minister to come with an official amendment today itself. Actually, Sir, I had submitted my amendment during the last Session. This Bill has been listed only today. Therefore, I could not get time to submit my amendment on this issue. When this Bill was listed in the last Session, I had submitted my amendment on this. But, this time, I could not get an opportunity to move my amendment on the issue of people who are suffering from dyslexia. Therefore, I request the Minister to come with a proper official amendment today itself to address the issue of dyslexia; otherwise, if you come with a proper amendment after two-three years, that would not be proper; that would not be fair.

 Special schools are not affiliated to any Board and there is no mechanism to ensure standards of school structure and functioning...
Sir, with regard to the neighbourhood school concept, I would like to make one point. For a disabled child, especially with severe or multiple disabilities, a special school, not necessarily a neighbourhood school may be more suitable, as it would be better equipped for such children. So, I request the Minister to either make proper amendments to address this issue or make provisions in the Schedule to ensure facilities for disabled children in all schools. Sir, in the Schedule of the RTE Act, there is no provision for ramps and hand rails. Then Section 2 (iii) of the RTE Act intends to ensure separate toilet facilities for boys and girls. But this Section does not mention about the differently-abled children. I had raised this issue earlier also, but, as usual, it was not considered by the Minister. Therefore, I urge the Minister, through you, Sir, to make proper changes in the Schedule also. If the Government sincerely wants to ensure the rights of disadvantaged sections, there should be some changes in Section 29 of the RTE Act, which relates to curriculum. You are dealing with universal curriculum and pedagogy. Now there is nothing to talk about disability-friendly curriculum. I request the Minister to take note of it and come with proper amendments. There should be some provisions to ensure training for teachers who are teaching differently- abled children. One of the major problems noticed during the last 15 years, after the Disabilities Act, 1995, was that education to children with disabilities has been implemented through special schools. Such schools are not affiliated to any Board and there is no mechanism to ensure standards of school structure and functioning. Children from such schools do not get school leaving certificate; they are not really prepared for employment and aspects of adult life. Therefore, request the Government to revisit the Disabilities Act as soon as possible and make proper amendments to address these issues. Sir, as per the Act, there is a right to opt for home-based education. This Bill is considering the issues related to disabled sections. What is the mechanism to monitor the system of home-based education? The Minister should adopt a comprehensive approach to address these types of issues. The piecemeal type legislations are not the right way to a comprehensive approach. So far as Section 4 is concerned, I support the rights of minorities. Sir, the Supreme Court, while upholding the Right To Education Act, made some distinction: these institutions, which are availing any type of financial assistance, should come under the purview of this Bill. I could not get the full text of the judgement of the Supreme Court. But from the newspaper reports I could find that the Apex Court made a distinction within the minority institutions.... ====================================================================

 What is the mechanism to monitor the system of home-based education?

Com. P. Rajeev M.P Comrade. P. Rajeev was elected to Rajya Sabha on 27th April 2009. He is a native of Meladoor under Trichur District in Kerala State. He was born to Late. Mr. P. Vasudevan (Retired Revenue Inspector) and Mrs. Radha Vasudevan. Com. Rajeev completed his Schooling at Government Samithy High School, Meladoor and then joined for his pre degree education at Christ College, Irinjalakuda. He graduated in Economics from the St. Pauls College, Kalamassery and later took his LLB degree from the Government Law College in Ernakulam. Rajeev also holds a diploma in Chemical Engineering from Government Polytechnic, Kalamassery. He was a practicing lawyer at the High Court of Kerala before taking full time political and organizational responsibilities. Com. Rajeev is married to Mrs. A. Vani Kesari who is teaching law at the School of Legal Studies, Cochin University of Science and Technology. Blessed with two daughters Hridhya Rajeev and Haritha Rajeev Address Kerala Permanent address Punnnadath House P. O. Meladoor Trichur District Kerala Ph- +91-480 - 2770067 Present local address 20/170, St Josephs School Road HMT P.O. Kalamassery Ernakulam District Ph- + 91- 484 - 2543744, 2544444 Mobile 09868181744, 9447073744 Address Delhi 223, V.P. House Rafi Marg New Delhi Mobile 09868181744, 9447073744