International Journal of Academic Research and Development

International Journal of Academic Research and Development

ISSN: 2455-4197
Impact Factor: RJIF 5.22
www.academicsjournal.com
Volume 3; Issue 2; March 2018; Page No. 801-804

Constitutional and government initiatives towards inclusive education in India

Dr. Rajni Nagpal
Assist. Prof. in Shri Jai Ram Mahila College of Education, Research & Development, Loharmajra, Kurukshetra, Haryana, India

Abstract
Philosophies regarding the education of children with special needs have changed dramatically over the past two decades and
several countries including India have led in the effort in implementing policies which foster the integration and more recently
inclusion of students with special needs into the mainstream education system. Inclusive education is a worldwide phenomenon
widely advocated in the recent past. It is a philosophy as well as a principle and/or practice that is based on human rights and social
justice. It advocates that children with special needs have to be educated along with their normal peers in the regular classrooms.
India has advocated the implementation of inclusive education supported by relevant policies, legal enactments, schemes,
programmes, and plans. This paper addresses contemporary initiatives undertaken by Central and State Governments for persons
with disabilities in India.

Keywords: Constitutional, government initiatives, education.

Introduction in the Preamble that everyone has the right to equality of

Inclusive education (IE) is a new approach towards educating status and of opportunity. The Article 41 of the Directive
the children with disabilities with that of normal ones within Principles of the Indian Constitution supports the right to
the same roof. It seeks to address the learning needs of all work, education and public assistance in certain cases
children with a specific focus on those who are vulnerable to including disablement. Further, Article 45 commits to the
marginalization and exclusion. It implies all learners with or provision of free and compulsory education for all children up
without disabilities being able to learn together through access to the age of 14 years. Based on this, the Constitution (86th
to common pre-school provisions, schools and community Amendment) Act 2002 has been enacted by the parliament
educational setting with an appropriate network of support making education a fundamental right of all children in the
services. Inclusive Education is a process of increasing the age group of 6-14 years. Moreover the 93rd Amendment to
participation of all students in school, including those with the Constitution of India (now renumbered as the 86th),
disabilities (Ainscow, 2000). This is possible only in flexible passed by the Lok Sabha on November 28, 2001, makes it
education system that assimilates the needs of diverse range of mandatory for the government to provide free and compulsory
learners and adapts itself to meet these needs. education to “all children of the age of 6-14 years”, with its
Inclusion is not an experiment to be tested but a value to be preamble clarifying that “all” includes children with
followed. All the children whether they are disabled or not disabilities as well. Although many viewed this amendment as
have the right to education as they are the future citizens of positive, others criticized the age restrictions. In addition,
the country. The principle of inclusive education was adopted many thought that the type of education (inclusive,
at the “World Conference on Special Needs Education: segregated, or other) should be specified within the law.
Access and Quality” (Salamanca, Spain 1994) and was The Government of India created the Kothari Commission in
restated at the World Education Forum (Dakar, Senegal 2000). 1964. This commission was created because the Government
The idea of inclusion is further supported by the United of India wanted to create a plan of action to improve the
Nation’s Standard Rules on Equalization of Opportunities for education system. The plan of action created by the Kothari
Person with Disability Proclaiming Participation and equality Commission included people with disabilities, but
for all. On December 13, 2006, The Convention on the Rights unfortunately, the Government of India never implemented it.
of Persons with Disabilities (UNCRPD) and its Optional It reads,
Protocol was adopted at the UN headquarters in New York. “We now turn to the education of handicapped children. Their
This particular convention had the highest number of education has to be organized not merely on humanitarian
signatories in history to a UN Convention on its opening day. grounds of utility. Proper education generally enables a
Of late, a consensus has emerged among Indian intellectuals handicapped child to overcome largely his or her handicap and
and pedagogues for adopting inclusive education in make him into a useful citizen. Social justice also demands
mainstream schools. it…on an overall view of the problem, however, we feel that
experimentation with integrated programmes is urgently
Legislation and Policies in India required and every attempt should be made to bring in as
The Constitution of India (26 November, 1949), clearly states many children in integrated programs.”

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The Integrated Education of Disabled Children (IEDC) needs.

1974 The act also addresses teacher training, for special educators
The Ministry of Welfare created the Integrated Education of and mainstream educators, by requiring adequate teacher
Disabled Children Scheme (IEDC) in 1974. The scheme training programs to train teachers to work with students with
provided children with disabilities “financial support for disabilities. Another extremely important part of this act was
books, school uniforms, transportation, special equipment and the clause that requires all parts of the country, urban and
aids,” with the intention of using these aids to include children rural, to have facilities that accommodate students with
in mainstream classrooms. However, the government of India disabilities and ensure that they are in school. The People with
realized that providing structural changes to the classroom, Disabilities Act functioned as a catalyst for several other
such as adapted equipment, would not be enough to integrate development projects around inclusion and disability.
children with disabilities into the classroom. Although it was In 1999, the government passed the National Trust for
encouraged and partly funded by UNICEF, fifty percent of the Welfare of Persons with Autism, Cerebral Palsy, Mental
funding was supposed to go through the state governments. Retardation and Multiple Disabilities Act for the economic
The responsibility was transferred to the Department of rehabilitation of people with disabilities. These legislations
Education in 1992. Despite the fact that this scheme was have been instrumental in bringing about perceptive change in
supposed to be nation-wide, it was implemented in only 10 out the attitudes of government, NGOs and people with
of 29 of the states in India. disabilities.
Sharma (2001) found three major problems with the IEDC. The government of India started collaborating with the UN
There was a lack of training and experience of the teachers, a and World Bank to put the People with Disabilities Act into
lack of orientation among regular school staff about the action. One major initiative that was born out of the PWD Act
problems of disabled children and their educational needs, and was the District Primary Education Program (DPEP). A joint
the lack of availability of equipment and educational venture between the Indian Government’s Department of
materials. Education and the World Bank. The goal of DPEP was
“education for all” by the year 2000. As many of the
The National Policy on Education, 1986 (NPE, 1986), and initiatives in India regarding education and children with
the Programme of Action (1992) stresses the need for disabilities, the DPEP focused on inclusion of children with
integrating children with special needs with other groups. The mild to moderate disabilities. Following the PWD Act,
objective to be achieved as stated in the NPE (1986) is "to important parts of the initiative included Teacher trainings
integrate the physically and mentally handicapped with through the District Institutes of Education and Training
general community as equal partners, to prepare them for (DIETS), curriculum modifications, resource room, teacher
normal growth and to enable them to face life with courage support and integration or inclusion.
and confidence." Although this policy was created in 1986, it
was not implemented until the Plan of Action was created in Inclusive education in Sarva Shiksha Abhiyan
1992. Sarva Shiksha Abhiyan (SSA) was launched to achieve the
The 1992 Program of Action (POA), created to implement the goal of Universalisation of Elementary Education. This adopts
1986 NPE, broadens the 1986 definition of who should be a zero rejection policy and uses an approach of converging
included in mainstream schooling, that “a child with a various schemes and programmes. The key objective of SSA
disability who can be educated in the general school should is Universalisation of Elementary Education (UEE). Three
not be in the special school.” important aspect of UEE are access, enrolment and retention
of all children in 6-14 years of age. A zero rejection policy has
The rehabilitation council of Indian Act (1992) been adopted under SSA, which ensures that every Child with
The year 1992 was also the year of the Rehabilitation Council Special Needs (CWSN), irrespective of the kind, category and
of India (RCI) Act. The RCI Act provided standards for degree of disability, is provided meaningful and quality
rehabilitation professionals; one type of rehabilitation education. It covers the following components under
professional being special education teachers. In essence, the education for children with special needs:-Early detection and
Council and its Act, aims to regulate the quality of training of identification, functional and formal assessment, Educational
Rehabilitation Professionals. Placement, Aids and appliances, Support services, Teacher
Possibly one of the most important landmark legislation to training, Resource support, Individual Educational Plan (IEP),
date in India regarding people with disabilities is the Persons Parental training and community mobilization, Planning and
with disabilities Act (Equal Opportunities, Protection of management, Strengthening of special schools, Removal of
rights and Full Participation) 1995. The PWD Act strives to Architectural barriers, Research, Monitoring and evaluation,
address all major aspects of the education sector that pertains Girls with disabilities.
to students with disabilities. It states that students with The most recent initiative of Government of India to achieve
disabilities have the right to access education in a “free and the goal of universalisation of secondary education (USE) is
appropriate environment” until they are 18 years of age, Rashtriya Madhyamik Shiksha Abhiyan (RMSA), aimed at
“promoting integration into normal schools.” The PWD Act is expanding and improving the standards of secondary
supposed to provide transport facilities, remove architectural education i.e. from class VIII to X. RMSA will work in line
barriers, supply free books and other study materials, grant with revised scheme of Inclusive Education for the Disabled at
scholarships, restructure curriculum, and modify the Secondary Stage (IEDSS) which ensures that every child with
examinations system for the benefit of students with special disability will be identified at secondary level and his/her

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educational needs will also be assessed and supplied learning students with disabilities ages 6-14 under Sarva Shiksha
material, aids and appliances, assistive devices, support Abhiyan.
services, as per his/her requirement. The objective of IEDSS is to enable the disabled children who
have completed eight years of elementary education to
The right to education bill continue their education at the secondary stage in an inclusive
The Government of India decided to make Amendment 21(A) environment in regular schools. IEDSS provides students with
of the constitution, giving children between the ages of 6-14 disabilities ages 14-18, studying in public or government-
the right to a free, appropriate and compulsory education, into funded schools, Rs. 3000/- per school year from the central
an act. In 2005, the Right to Education Act was drafted by the government to purchase the necessary materials to use to
Ministry of Human Resource Development. However, for ensure inclusion of the student in the mainstream school
three years, the bill was not discussed by the cabinet, was not system. This is the first policy that specifically acknowledges
brought up in budget sessions, and was passed around and the importance of secondary education for persons with
generally avoided by different departments. The Right to disabilities.
Education Act was passed in 2009 and put into full effect in
2010. The Supreme Court upheld the constitutional validity of The national policy for people with disabilities
the act on April 12, 2012. The most recent policy specifically concerning education and
people with disabilities is the Ministry of Social Justice and
The action plan for inclusion in education of children and Empowerment’s National Policy for People with Disabilities.
youth with disabilities Although this policy was created in 2006, after the 2005
It was extremely important that India create a bill around Action Plan, and the two policies were created under separate
section 45 and 21 (A) of the constitution, which became the ministries, they are very similar in both the ideologies that
Right to Education Act which was originally floated in 2005. they were founded on, as well as the actual changes they are
However, in the same year, the Ministry of Human Resource trying to make to the system. This policy echoes the 2005 plan
Development also drafted the Action Plan for Inclusion in of action and 2005 (made official in 2009) bill by changing
Education of Children and Youth with Disabilities (IECYD). special schools in resource centers for students with
This action plan envisions that all children with a disability disabilities and teachers. In addition, the policy seeks to bridge
will have access to mainstream education. In order to facilitate the gap between rural and urban areas by creating more
this, the government, specifically collaborating between the District Disability and Rehabilitation Centers (DDRCs), which
Rehabilitation Council and the National Council for Teacher’s disseminate information in terms of availability of aids and
Education, will ensure that there are adequate numbers of appliances, ensure the mandated 3% coverage of persons with
teachers trained in inclusive education, as well as the proper disabilities in poverty reduction programs and target girls with
physical and ideological infrastructure to facilitate inclusion in disabilities.
schools. The plan specifically looks to move from integration The Rights of Persons with Disabilities Act (2016) is the
towards inclusion, stating, whereas under the Scheme of disability legislation passed by the Indian Parliament to give
Integrated Education for the Disabled Children (IEDC) as it effect to the United Nations Convention on the Rights of
stands at present, children with disabilities are placed in a Persons with Disabilities, which India ratified in 2007. The
regular school without making any changes in the school to Act replaces the existing Persons with Disabilities (Equal
accommodate and support diverse needs, the revised IECYD Opportunity Protection of Rights and Full Participation) Act,
will, in contrast, modify the existing physical infrastructures 1995. The number of disabilities recognized under the act has
and teaching methodologies to meet the needs of all children, been increased from 7 (recognized under the Old Act) to 21,
including Children with Special Needs. and have been elaborately defined. The law recognizes for the
A unique aspect of this plan is that it steps outside the Indian first time three blood disorders namely thalassemia,
constitution and includes students with disabilities outside of hemophilia, and sickle cell disease, intellectual disability,
the 6-14 age range. Through Integrated Child Development disability caused due to neurological conditions, acid attack
Services (ICDS), anganwadi workers will be trained to etc. as disabilities. Responsibility has been cast upon the
identify children with disabilities at an early age, so they can appropriate governments to take effective measures to ensure
receive early intervention services. While the crucial that the persons with disabilities enjoy their rights equally
importance of early intervention cannot be overlooked, the with others.
IECYD also discusses accommodations for students with a The Act focuses on multiple aspects such as education, skill
disability in universities, including a mandatory “Disability development, employment, recreation, rehabilitation, health
coordinator” who provides inclusion services for students with and social security of person with disability. The act provides
disabilities. every child with benchmark disability between the age group
of 6 and 18 years right to free education. Government funded
Reforming past scheme: Inclusive education of the educational institutions as well as the government recognized
disabled at the secondary stage institutions will have to provide inclusive education to the
In 2008, the government reformed the Scheme of Integrated children with disabilities. For persons with benchmark
Education for Disabled Children (IEDC) and created the disabilities a reservation of not less than 5% in higher
Inclusive Education of the Disabled at the Secondary Stage education, not less than 5% in government jobs and not less
(IEDSS). It went into effect on April 1st, 2009. IEDC was than 4 %, has been provided in allotment of agriculture and
reformed to take into account the resources provided for housing land, in poverty alleviation schemes and in doing so

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priority has to be given to women. The law has become more Human Resource Development, Government of India,
gender sensitive as separate provisions have been made for 2001. Retrieved from
women suffering from disability. http://india.govt.in/sectors/education/sarva Shiksha.php.
Private establishments have also been covered within the 9. UN Convention on the Rights of Persons with
ambit of the new Act. Governments as well as private service Disabilities, 2006. Retrieved from
providers are required to provide services in accordance with http://www.un.org/disabilities/default.asp?id= 259
the rules on accessibility formulated by the Central 10. UNESCO. The Salamanca Statement and Framework for
Government. No building plan is to be approved unless it Action on Special Needs Education. UNESCO, 1994.
complies with the rules of accessibility. Special powers have Retrieved from http://
been conferred on the Executive Magistrate and Police Officer www.unesco.org/education/eduprog/sne/salamanc/stntme.
to deal with complaints of abuse, violence or exploitation html.
against the person with disabilities. The Act also requires the 11. World Bank. People with Disabilities in India: From
State Governments in concurrence with the Chief Justice of Commitments to Outcomes. Human Development Unit,
High Court to notify District Court/Court of Session to be South Asia Region. Retrieved from
special courts for speedy trial of offences under the Act. The http://www.worldbank. org/INDIAEXT, 2007.
Act provides for setting up of National Fund for persons with
disabilities. Thus, this new act will not only enhance the
rights and entitlements of persons with disabilities but also
provide effective mechanism for ensuring their empowerment
and true inclusion into the society in a satisfactory manner.

Conclusion
Initiatives undertaken by the Government of India cover a
wide range of policies, plans, programmes, schemes and legal
enactments related to persons with disabilities in the country.
Although the Government of India has attempted to create
numerous policies that are inclusive for people with
disabilities since the country’s independence in 1947, their
implementation efforts have not resulted in an inclusive
system of education, nor have they reached their goal of
“Education for all” across the country. Still, at present, the
policies governing the education system are inclusive but, the
problem is with implementation. The Government of India
needs to bridge the gaps in their education system to build a
strong system of inclusive education in India.

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