Allahabad High Court issues notice to waive fees of students with disabilities as online classes not accessible

Parents of a child with autism have filed a petition before the Allahabad High Court against the school asking for fees in spite of the student not attending online classes during lockdown. The court issued a notice asking all CBSE affiliated schools to waive-off fee for children for benchmark disabilities in terms of  RPWD Act, 2016.

For many students with disabilities, the lockdown resulting from the COVID19 pandemic has definitely been difficult. Students with intellectual and developmental disabilities (IDD) are clueless on how to pursue their education through online classes which are not easy for many of them. 

In the instant case, the child with autism is studying in class third at Amit International School in Lucknow. He has been unable to attend online classes due to his developmental disability. He is also undergoing therapies for the same. He has not attended most of his ongoing online classes as he finds them difficult to follow. But since last March, his school authorities have been regularly sending messages to his parents asking them to deposit the school fee at the earliest.

As per the petition filed before the court, there are thousands of children with different disabilities across Lucknow. Many are unable to attend online classes due to their disabling conditions. Demanding fees from such children is an act that must be punishable. Moreover, this system does not provide inclusive education either for students with disabilities.

The matter was heard by the bench of Justice Pankaj Kumar Jaiswal & Justice Saurabh Lavania through video-conferencing. The bench was pleased to issue Notices to the school authorities through e-mail, WhatsApp and messages.

This notice from the high court comes as a big relief to the parents. The schools have not been providing inclusive education nor have sufficient trained teachers. Many parents have formed or joined many support groups for helping each other and sharing of information etc.

Sad reality
This is a sad reality for all stakeholders that despite the Rights of Persons with Disabilities Act 2016 and Right to Education Act (RTE) making provisions for free and compulsory education to students with disabilities from 6 to 18 years of age, most of these parents end up bearing so many expenses and receive no quality education for their children. They have to pay for the child’s therapies & related medical conditions. Apart from the exorbitant school fee being forced upon them, there are expenses of transporting children by school buses. On top of it, many schools insist the parents to hire shadow teachers at their own cost as a pre-condition to allow admission to a child with disability. This is double whammy for parents of intellectually and developmentally disabled (IDD) children. 

Way ahead
The education sector, particularly private schools need to wake up to make appropriate adaptations in the syllabus and teaching methodologies to be more sensitive and inclusive towards the needs of students with disabilities. The notice of the court is the first step is right direction. However, we hope that parents get relief even after the impact of COVID19 lockdown the something positive comes out of this litigation in larger interest of similarly placed parents & students with IDD.

Watch this space for more updates or follow the blog.

Create separate fund to aid disabled persons: Telangana High Court

Hyderabad, 23 May 2020

The High Court Division bench heard a plea filed by Ganesh Karnati seeking a direction to the State government to alleviate the problems faced by the physically disabled during this lockdown period. 

It further sought a direction to the Telangana Police to issue passes to the caretakers of the disabled, specially challenged persons so as to enable them to get groceries, medicines and other help.

Expressing utter dismay and surprise over the insufficient allocation of Rs. 10,000 to each District Welfare Officer to enable him to take care of the physically disabled and physically challenged persons, the Division Bench asked the Advocate General, B.S. Prasad, the rationale behind such meagre allocation. 

For 40,000 Advocates, the State government has created a corpus of Rs. 25 crore, whereas for a population of more than 7,81,317 lakh physically disabled persons, an allocation of Rs one crore is a pittance and the State has literally let these poor, needy and the weakest section of the society to survive at the mercy of the donors, opined the bench. 

It is a sorry state of affairs, where the state is totally ignoring these physically disabled persons, their rights and interest cannot be ignored by the State Government, that too during the pandemic Covid-19 period.

About 21,565 physically disabled persons live in Warangal and 26,717 persons with disabilities  live in Warangal rural and going by the scanty allocation of Rs. 10,000 to each district, how do you think the concerned Welfare officer will provide them with essential commodities when most essential commodities prices have spiralled in the last couple of days, where dal is sold at Rs. 200 per kg and tamarind at Rs. 180 per kg.

Therefore, the State has to rush to their rescue by allocating sufficient funds for them immediately. They have the Right To Life enshrined in the Constitution and the State has to protect them in its capacity. "Ask the Government to immediately release more money to these persons with disabilities", the Bench added. 

Further, Chief Justice Chauhan asked Advocate General B.S.Prasad to find out the whereabouts of the letter addressed by the Director, Department of Disabled Welfare and Senior citizens to the Special Chief Secretary, Telangana Govt., requesting for creation of a separate fund with the department of disabled welfare and senior citizens so that such fund can be spent to extend various facilities to the disabled during this lockdown. 

It seems the Govt., has not given any response to such a letter, observed Chief Justice Chauhan.  Advocate General B.S. Prasad while putting a firm stand on behalf of the Government informed the Bench that the allocation of Rs. One crore is to ameliorate the distress conditions of the physically disabled persons in the State during this extreme period and is a specially allocated fund by the TS govt. 

Apart from this, the State Government is providing 12 Kg rice, Rs.1500 per family to 87.50 lakh white ration cardholders. Any complaint on non-receipt of ration or money, they can approach concerned District Welfare officers, who will attend to their needs, AG said. The matter was been adjourned to May 29.