U’khand HC Passes String Of Directions To Make School Education Barrier Free For Children With Special Needs [Read Judgment]

The Uttarakhand High Court on Wednesday directed the state government to appoint special educators in all government aided and unaided private schools for children with special needs and the school premises and transportation is made barrier-free.

A bench of Justices Rajiv Sharma and Lok Pal Singh also directed the state to take the responsibility of children with special needs whose parents are not capable of doing so and pay them a scholarship of Rs 1,000 every month.

All the educational institutions throughout Uttarakhand have been directed to provide amanuensis to blind students within three months.

The court’s directions come on a letter petition moved by Kamal Gupta highlighting the difficulties faced by children with special needs for pursuing an education in the educational institutions throughout the state.

The bench noted that every child with special need has a fundamental right to develop with dignity and equality. He has the right to education, health and vocational training. Children with special needs should have equal opportunities.

Delving into various welfare provisions, Rights of Persons with Disabilities Act and the Fundamental Right to Education, the court passed following mandatory directions:

1. The state government is directed to appoint special educators in all the government schools for children with special needs and also to ensure that special educators are appointed in government aided and unaided private schools in the state of Uttarakhand within six months.


2. All the government schools, government aided and unaided private schools in the state of Uttarakhand are directed to make building/school premises/transportation system barrier-free and suitable for free movement of children with special needs.


3. The state government is directed to set up special teachers’ training institutions as per Section 29 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 within one year.


4. The state government is directed to look after all the children with special needs whose parents are not able to look after them. The children with special needs require special care, compassion, passion for bringing them up in order to bring them into the mainstream and also to provide monetary incentives to the parents/guardians of the children with special needs.


5. It shall be the responsibility of the state authorities to ensure that the children with special needs are imparted education in ordinary schools or special schools by releasing sufficient funds.


6. The state government is directed to construct sufficient number of hostels for children with special needs as per the specifications of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and Right of Children to Free and Compulsory Education Act, 2009, within a period of one year in a cluster of four districts.


7. The state government is directed to provide books, uniforms and other material to children with special needs for attending the school before the commencement of academic session.


8. Children with special needs shall be paid a scholarship of Rs.1,000 per month each.


9. Special curriculum be prepared by taking into consideration the difficulties faced by children with special needs.


10. All the educational institutions throughout the state are directed to provide amanuensis to blind students within three months from today.