G. Hema Gowri v. Union of India and Ors.

1. This public interest litigation has been preferred for the following prayers:- ―A. Mandamus, thereby directing the Respondents to frame a comprehensive policy for providing education for child with special needs and more particularly for the child with intellectually impaired and autism spectrum disorder cerebral palsy etc.

2. Sections 17 and 19 of the Rights of Persons with Disabilities Act, 2016 (for short ‗the Disability Act‘) read as under:- ―17. The appropriate Government and the local authorities shall take the following measures for the purpose of section 16, namely:— (a) to conduct survey of school going children in every five years for identifying children with disabilities, ascertaining their special needs and the extent to which these are being met: Provided that the first survey shall be conducted within a period of two years from the date of commencement of this Act; (b) to establish adequate number of teacher training institutions;

(c) to train and employ teachers, including teachers with disability who are qualified in sign language and Braille and also teachers who are trained in teaching children with intellectual disability;

(d) to train professionals and staff to support inclusive education at all levels of school education (e) to establish adequate number of resource centres to support educational institutions at all levels of school education; (f) to promote the use of appropriate augmentative and alternative modes including means and formats of communication, Braille and sign language to supplement the use of one‘s own speech to fulfil the daily communication needs of persons with speech, communication or language disabilities and enables them to participate and contribute to their community and society; (g) to provide books, other learning materials and appropriate assistive devices to students with benchmark disabilities free of cost up to the age of eighteen years; (h) to provide scholarships in appropriate cases to students with benchmark disability;

(i) to make suitable modifications in the curriculum and examination system to meet the needs of students with disabilities such as extra time for completion of examination paper, facility of scribe or amanuensis, exemption from second and third language courses; (j) to promote research to improve learning; and(k) any other measures, as may be required. xxx xxx xxx

19. (1) The appropriate Government shall formulate schemes and programmes including provision of loans at concessional rates to facilitate and support employment of persons with disabilities especially for their vocational training and selfemployment. (2) The schemes and programmes referred to in sub-section (1) shall provide for— (a) inclusion of person with disability in all mainstream formal and non-formal vocational and skill training schemes and programmes; (b) to ensure that a person with disability has adequate support and facilities to avail specific training;

(c) exclusive skill training programmes for persons with disabilities with active links with the market, for those with developmental, intellectual, multiple disabilities and autism;

(d) loans at concessional rates including that of microcredit;

(e) marketing the products made by persons with disabilities; and (f) Maintenance of disaggregated data on the progress made in the skill training and self-employment, including persons with disabilities.‖

3. Learned counsel for the petitioner submitted that much is required to be done for intellectually challenged children of the age group 7-17 years and to give them vocational training as part and parcel of their curriculum. It is also submitted by the counsel for the petitioner that such children who have below average IQ and those with learning disabilities, are entirely different. Intellectually challenged/specially abled child describes belowaverage IQ and an inability to garner skills needed for daily living.

4. It is submitted by the counsel for the petitioner that suitable directions be given to the respondents for the intellectually challenged children. Some vocational training courses may be started but may not be limited to bakery, photography, sports, computer graphics, stationery, paper work, festival products etc.

5. It is further submitted by the learned counsel for the petitioner that a suitable direction be given to the respondents to constitute a Committee under the Chairmanship of Secretary, Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India and the Committee may also include other Government officials and also members from leading private companies in Corporate Sector, Industry Associations, Chambers of Commerce, National Skill Development Council etc.

6. It is further submitted by learned counsel for the petitioner that the term of reference of the Committee must include drafting and implementation of nationwide plan to impart skill learning and vocational training to children with special needs starting from the age group of 7 – 17 years and to the persons with special needs, especially to those who are intellectually challenged/specially abled and to place such children/persons in gainful employment.

7. Furthermore, it is submitted by learned counsel for the petitioner that the aforesaid Committee be asked to consider the ―Employment of Disabled People in India – Base Line Report‖ prepared for the National Centre for Promotion of Employment for Disabled People (‗NCPEDP‘) by the Diversity & Equal Opportunity Centre (‗DEOC‘) and such other reports of the Government/ Private Bodies as well as considering the ILO Convention No.159 to guide the future course of action of the Government and lastly it is submitted by counsel for the petitioner that the Government of India should make all endeavours to ratify Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983.