Implement Policies On Vocational Training To Children With Special Needs In Letter And Spirit: High Court To Centre, Delhi Govt

The Delhi High Court has directed the Centre and the Delhi Government to implement their policies on skill learning and vocational training to the children with special needs in letter and spirit with a timely reassessment to counter any challenges that may arise in future.

A division bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela disposed of a PIL moved by a class XII student seeking implementation of a nation-wide policy to impart skill learning and vocational training to children with special needs.

“In the light of the fact that since the reliefs sought in the present petition are for the betterment of future prospects for the Children with Special Needs (CWSNs), this Court, without any hesitation, directs the respondents to scrupulously adhere to and implement the policies in letter and spirit and in all earnest, as enumerated in their affidavits, with a timely reassessment of the same to counter any grievances or challenges, if any so arises, in future,” the court said.

The minor, Kanika Gupta, also sought implementation of a nation-wide plan to provide adequate training and support to the teachers for such children, in terms of a 2019 judgment.

The said decision directed both the Governments to consider forming a committee to draft a plan to impart skill learning and vocational training to children with special needs starting from the age group of 7 to 17 years.

It was Gupta’s case that even after passing of substantial time from the judgment, no such committee was formulated, let alone a specific policy, as a result of which the intellectually challenged children with special needs were at a severe loss with respect to their financial independence and living with dignity.

The court noted that the Union Government as well as the Delhi Government, in their affidavits, stated that policies have been implemented to address the issues raised by Gupta.

The bench noted that the Central Government’s Department of Empowerment of Persons with Disabilities implements the National Action Plan for Skill Training of persons with disabilities in the age group of 18 to 59 years to enhance their employability both in Public and Private Sector.

It was also stated that the National Education Policy (NEP), 2020, focuses on inclusion of children with disabilities in the mainstream education.

The Delhi Government in its affidavit also stated that a notification was published in September directing the Heads of Schools of the all schools of Directorate of Education (DOE) to ensure that Special Educators (Primary) posted in school should prepare and implement the illustrative time table in respect of children with special needs.

“In view of the statement so made by the learned counsel for the petitioner, as also after perusing the affidavits filed on behalf of respondents, this Court is of the considered opinion that the grievances so raised or the reliefs as sought through the present petition, have been sufficiently and aptly addressed by the respondents through their various plans and schemes as enumerated above,” the court said.

Counsel for Petitioner: Mr. Anshumaan Sahni, Advocate

Counsel for Respondents: Ms. Monika Arora, CGSC with Mr. Subrodeep Saha, Mr. Yash Tyagi Advocates for R-1 & 2. Mr. Satyakam, ASC, GNCTD

Title: MS. KANIKA GUPTA MINOR THROUGH GUARDIAN AND FATHER SHRI AMIT GUPTA v. UNION OF INDIA & ORS

Citation: 2023 LiveLaw (Del) 1095

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