Directions issued to fulfill the shortcomings towards the implementation of Persons with Disabilities Act, 1995

Himachal Pradesh High Court– Taking suo motu cognizance of the letter which enumerated the difficulties faced by three blind and deaf students in the educational institutions either run by the State of Himachal Pradesh or by the H.P. Council of Child Welfare and that the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 are not being followed properly, the Court issued various directions to the respondents accordingly. The Court observed that the children with special needs fall in separate class altogether and it is the duty of the State to provide free and compulsory education to such children up to University level and all the professional courses in all the educational institutions under Articles 21, 21 A of the Constitution and suggested the respondent State to enact such a law for the children with special needs up to University level and professional courses in all the educational institutions including Universities.

Taking note of the fact that there is dearth of professional teachers, inadequate scholarships and lack of basic amenities like tables, chairs in their rooms, Braille books and magazines, audio books in digital format (DAISY) and others, the Court stated that ordinarily it cannot sanction creation of posts but extraordinary situations, like herein requires extraordinary measures, hence ordered creation of posts, grant of the basic facilities and also increased the scholarships of students from class 1^st till graduation level accordingly. Court on its own Motion v. The State of Himachal Pradesh, 2015 SCC OnLine HP 1264, decided on 04.06.2015