By Nishalika Srivastava
Srinagar/New Delhi: The ordeal of children with disabilities ceases to end in the Valley because of the discriminatory attitude of a number of schools who don’t seem bothered even about court’s directions.
After the unprecedented DPS Srinagar case which had highlighted impediments in execution of judgment with respect to a case concerning Mohammad Ayaan Zaafar, an 11-year-old blind student of the same school last year, this time again at least three private schools are allegedly found discriminating against children with disabilities and denying them admission.
Also read: DPS Srinagar school case highlights impediments in execution of judgment
After these three schools – Tyndle Bisco and Mallison School, Burnhall School, and Presentation Convent School – ostensibly preferred to ignore the court directive, the Court of the Chief Commissioner for Persons with Disabilities (CCPD), New Delhi, issued the first reminder on July 26, 2021, to the Directorate of School Education Kashmir (DSEK), and Principals of these three private schools, reminding them that in case they do not file their reply before expiry of 30 days from the date of issue of communication of notice to submit the Comments on the Complaint on affidavit and to produce all the required documents, the Complain shall be disposed off ex-parte. The reminder letter is signed by Dr. SK Prasad, Deputy Chief Commissioner of CCPD.
The earlier notice was sent by the CCPD to the DSEK and the three schools on July 8, 2021, asking them to file their comments regarding denial of admission to Syed Minha Muzaffar, an 8-year-old girl with 80% Mental Illness, and Mohammad Zia, a 7-year-old boy with 90% Hearing Impairment.
Their case was taken up once again by the same three child and disability rights activists – Zaheer Jan, Dr. Chintanjeet Kour, and Mudasir Shaban – who had taken up the case of Mohammad Ayaan Zaafar after parents of both these children approached Zaheer and requested him to help get admission for their children in regular schools as per RPWD Act 2016 for inclusive education.
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On June 22, 2021, Zaheer along with Chintanjeet Kour and Mudasir Shaban moved the CCPD, New Delhi, alleging denial of admission in these schools by the management to the two special needs children.
In their petition, the activists had contended that after the abrogation of Article 370, the Rights of Persons with Disabilities Act stands implemented in Jammu and Kashmir. As per this act, they said that every school should give admission to every special child in the mainstream education system under inclusive education.
“Last year the Government of Jammu & Kashmir implemented the Act but schools still didn’t allow special children in mainstream,” the activists said in the plea, seeking the court’s interference in the matter so that children with special needs get admission in different schools in the valley. This, they said, would be in the best interest of the child, which is the focal axis of the Child Protection Policy.
Activists further added that every private, as well as government school, should start resource room for special needs children and appoint special educators, speech therapists, physiotherapists, and rehabilitation therapists so that if any teacher finds any difficulties, they can refer these children to these trained individuals for proper assessment so that every child can receive early intervention.
Underscoring that the persons with disabilities shall not be deprived of their legitimate rights, the CCPD registered the case and issued notices to the Directorate of School Education Kashmir and the three schools in Srinagar on a plea regarding admission of children with special needs in the mainstream inclusive education. However, the lack of response from the concerned schools forced the court to issue the first reminder. “This indeed is an area of concern. We found this in the DPS case too. This needs to be resolved. The sooner the better,” Zaheer said.
