Ensure All Rights To Persons With Disabilities: Court

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Issues Notice To DSEK, 3 Top Schools On Plea Regarding Admission Of Special Children

Srinagar: While underscoring that the persons with disabilities shall not be deprived of their legitimate rights, Court of Chief Commissioner New Delhi has issued notice to Directorate of School Education Kashmir and three top schools in Srinagar on a plea regarding admission of children with special needs in the mainstream.

The court has sought comments on the plea by the Child and Disability Rights activists, who have alleged denial of admission in the schools to two children—one with 80% mental illness, and another with 90% hearing Impairment.

Besides the DSEK, the notice has been issued to Principals Tyndle Bisco and Mallinson School Sheikh Bagh, Burnhall School Sonwar here and Presentation Convent School Rajbagh here.

“You are hereby advised to submit the Comments on the Complaint on affidavit and to produce all the requisite documents upon which you base your Comments or Claim…within 30 days from the date of issue of this communication, failing which, the Complaint shall be disposed off ex-parte,” the court said in the order issued on July 8. “It may also be ensured that persons with disabilities shall not be deprived of their legitimate rights,” the court said in the order.

In the notice, the court has mentioned Sections 3 and 31 of the Rights of Persons with Disabilities Act, 2016 which among others specifies that the government should ensure persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others as well as the right to free education of the child, aged between six to eighteen years, in a neighbourhood school, or in a special school, of his or her choice.

As per Section 75 of the Rights of Persons with Disabilities Act, Chief Commissioner for persons with disabilities on his own motion or on application of any aggrieved person or otherwise is mandated to look into complaints inter-alia, with respect to matters relating to deprivation of rights of persons with disabilities

The plea filed by three activists—Zaheer Jan, Dr Chintanjeet Kour and Mudasir Shaban— says that after Abrogation of article 370, Right to Person with Disability Act stands implemented in Jammu and Kashmir.

As per this Act, they say, every school should give admission to every special child in the mainstream.

“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 say, would be in the "best interest of the child" which is the focal axis of the Child Protection Policy. (GNS)

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