The Supreme Court questioned the lack of separate schools and trained teachers for students who suffer from autism, blindness and deafness on 31 October 2017.
A bench comprising Chief Justice Dipak Misra, Justices A M Khanwilkar and D Y Chandrachud argued that access to education is a fundamental right under Article 21A and it is the responsibility of the States to provide education under the Rights of Children to Free and Compulsary Education Act, 2009.
What the Supreme Court said?
• The SC observed that it is ‘impossible to think’ that children who are suffering from any kind of disability can be imparted education along with normal children in mainstream schools.
• The bench of judges argued that as per the fundamental right under Article 21A, education is a statutary obligation on the States.
• The bench observed that special students should get education only by special teachers and have special schools for them.
• The court emphasized on having a separate school for children who suffer from disability such as blindness, deafness, autism or such types of disorder must have separate schools with distinctly trained teachers.
The bench was hearing a plea filed by Rajneesh Kumar Pandey, claiming lack of sufficient number of special educators in Uttar Pradesh and other states to teach the Children With Special Needs (CWSN).
The Ministry of Human Resource Development and the UP government argued that CWSN were being under the integrated scheme so as to avoid any feeling of alienation among special children.
The petition filed by 17 teachers appealed to have special educators qualified enough to teach disable children and make Right to Education a success.
The matter will be heard further on 27 November 2017.