Report on education facilities for specially-abled in rural areas: Bombay HC to Maharashtra government

While pulling up the state government for not taking sufficient measures to address the issue of education for differently-abled students during the unlock phases,

While pulling up the state government for not taking sufficient measures to address the issue of education for differently-abled students during the unlock phases, the Bombay high court (HC) has directed district social welfare officers to visit and inspect learning centres and ensure that such students have access to online education.

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A division bench of chief justice Dipankar Datta and justice GS Kulkarni, while hearing a public interest litigation (PIL) filed by the NGO Anaprem, was informed by advocate Uday Warunjikar that though the government had facilitated education for normal students during the various unlock phases, education of the differently-abled had been neglected. As a result, he submitted, more than 1 lakh differently-abled students in the state had been denied their right to education.

Explaining the situation, Warunjikar said that while the state had made arrangements for online classes for normal students, the same could not be applied for hearing- and speech-impaired students as they needed specialised teaching aids. These, he said, were not provided by the government. Hence, he asked that directions be issued to the state to formulate a policy for such students and ensure that they get their right to education fulfilled.

Warunjikar further submitted that circulars concerning education of the specially-abled were issued in May by the state, and agencies had been appointed in June to implement the circulars. However, after that, there was no progress. He also countered the state’s contention made by advocate Reena Salunkhe, that online classes had been arranged for specially-abled students, but that in most places in rural areas where centres of learning for the specially-abled were present, there was no internet connection. Hence, said Salunkhe, any initiative by the state was futile.

On its part, the Central government informed the bench that the process was on to make digital platforms friendly to specially-abled students and impleadment of the National Council of Educational Research and Training (NCERT) was necessary to answer any other queries of the court in that regard, which the court allowed.

After hearing the submissions, the bench asked Warunjikar about his expectations from the state and said that he should also give suggestions to resolve the issue of education for specially-abled students.

“Having regard to the seriousness of the concerns raised by the petitioner, we direct all district social welfare officers to pay surprise visits to all learning centres in the course of the next 10 days, to ascertain the nature of services being rendered by such centres to challenged students. If any deficiency is noticed, the officer shall suitably advise the learning centre on how to [resolve] the same,” observed the bench.

The bench further said that if a decision at the learning centre not possible, the district social welfare officer shall submit a status report before the joint secretary, social justice and special assistance department, who shall, in turn, file an affidavit before the HC. The bench then posted the petition for hearing after three weeks.