Punjab and Haryana High court emphasized on elementary education as basic entitlement for special students
PUNJAB: The Punjab and Haryana High Court criticised the State of Haryana for having a “purely bureaucratic attitude” and being “blissfully unaware of its duties” in the case of a “special child” and asked the attorneys general of the two states and the senior standing counsel of the UT to work with the Bench to improve the system’s responsiveness in such cases.
Additionally, Justice Sudhir Mittal made it very apparent that unique kids have a fundamental right to an early education and the opportunity to develop in society to the fullest extent possible. The claims were made in a situation where a “special child” had been unable to attend school for the previous three years because his mother had been unsuccessful in getting a school diploma.
In addition to directing that the youngster be returned to the school, Justice Mittal ruled that he would not be charged for his education while he was still a student there. In the event that his mother wished to transfer him to another institution, a school leaving certificate would be made available upon request.
The boy, according to Justice Mittal, was a superb athlete who competed in swimming and roller skating events in the Special Olympics and took home medals at regional and international tournaments for kids with disabilities. Up until May 2019, when the special educator left the school and the principal also replaced, everything was OK.
According to Justice Mittal, many special-needs kids were previously unable to realise their full potential due to a lack of knowledge and subsequent problem identification. However, the problem was acknowledged, and legislation was plentiful. For the absorption of unique children into society, statutory rights were established. However, due to a lack of sensitization, the executive entities charged with implementing these rights were unable to offer assistance. Children and their parents therefore still have a difficult time reaping the rewards of inclusion.
Every “kid” has the fundamental right to an elementary education, according to Justice Mittal. The state had a responsibility to make sure that exceptional children’s education was not prematurely terminated and that they and the schools had the necessary facilities in accordance with the law.
Elementary education for exceptional children, according to Justice Mittal, would also contain the idea of “inclusive education” as it is referred to in the Disabilities Act, as well as instruction that is appropriate with their physical and mental capacities.
Punjab and Haryana were compelled to offer parental counselling services as well to help them accept their children’s limitations and their growth in accordance with their disability. “If a child or other children have problems as a result of interactions between them, the school must make sure that expert assistance is made available to address those problems. A school cannot escape responsibility by placing the blame on the student or the parent because it was established to provide education, and it is required to do so even in the face of difficulties, according to Justice Mittal.