Child rights in India have seen significant changes in the past several years as far as legal and political commitments to the universalization of education and the right to education are concerned. This period has also seen global recognition of the right to education for children with disabilities, as articulated in international commitments, such as the UN Convention on the Rights of Persons with Disabilities (UNCRPD), Sustainable Development Goals (Goal 4) and the Education 2030 Agenda (UN General Assembly, n.d.).
Child rights in India, are represented by legislation such as The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and The Rights of Persons with Disabilities Act, 2016 (RPWD Act) constitute two highly significant milestones in the journey towards realizing the right to education of children with disabilities. These developments provide rights to the students affected with learning disabilities and their parents that are buried deep in technical and policy jargon.
In this section, we will discuss child rights in India and policies in detail in order to make students and parents aware of the benefits that can accrue to them.
Disabilities like intellectual disabilities, specific learning disabilities and autism spectrum disorder etc., are added to the earlier list of seven disabilities, making the total number of disabilities covered in the RPWD Act to 21.
The Ministry of Social Justice and Empowerment ), in exercise of powers conferred by sub-sections (1) and (2) of Section 100 of the RPWD Act, 2016, published and released the Rights of Persons with Disabilities Rules, 2017 along with eight types of Forms on 15.06.2017.
The Rights of Persons with Disabilities Rules, 2017 published by the Ministry of Social Justice and Empowerment, mentions that any person with a specified disability may apply for a certificate of disability to avail the various benefits extended by the government
The Central Board of Secondary Education (CBSE) is a national-level board of education in India for public and private schools. The board is controlled and managed by the union government of India
The Council for Indian School Certificate Exam (CISCE) is a private board of school education in India. The council conducts three examinations - ICSE IX & X, ISC for XI & XII and the Certificate in Vocational Education (CVE) for Class XII.
The The Maharashtra Board of Secondary & Higher Secondary Education also provides various exemptions to children with special needs.
Some schools do charge parents for providing additional support. Apart from what the law decrees the school to offer, the school could, charge an extra fee for added services, such as language and speech therapy, occupational therapy or additional remedial intervention.
The facilities and services provided for children with a learning disability are school specific. Since it is not incumbent upon the school to provide facilities like occupational therapy, vocational training, physiotherapy, or speech and language therapy, they can refuse to provide support in this manner.