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SC Deliberates Creation Of Special Schools For Children With Special Needs [Read Order]

The Supreme Court, on Monday, pondered upon the need of special schools for children with special needs.

The Bench comprising Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud was hearing a PIL claiming lack of special educators in the State of UP for teaching children with special needs.

The Court took note of the submission made by Additional Advocate General Ms. Aishwarya Bhati that the State had already initiated the process for recruiting 12,000 teachers, out of which some shall teach children with special needs.

It then observed, we are of the prima facie view that the children with special needs have to be imparted education not only by special teachers but there has to be special schools for them.”

The Bench thought it “impossible” to fathom that children with disabilities or ones with special needs can be imparted education at mainstream schools.

The Court further explained, “When we say `disability’, we do not mean `disability’ as has been defined in the Rights of Persons with Disabilities Act, 2016. The Rights of Persons with Disabilities Act, 2016 includes certain physical disabilities which may not be a warrant for getting admission in special schools. The students who suffer from blindness, deafness and autism or such types of disorder may be required to have separate schools with distinctly trained teachers.”

It then directed the State to file an affidavit keeping its observations in mind. “Needless to say that the affidavit shall also mention when the State is going to meet this obligation,” it added, listing the matter on 27 November.

Read the Order Here


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