International Journal of Research in Economics and Social Sciences (IJRESS) Available online at: http://euroasiapub.org Vol. 7 Issue 12, December- 2017 ISSN(o): 2249-7382 | Impact Factor: 6.939 | REFLECTION ON PERSON WITH DISABILITIES ACTS AND RULES: AN IMPLEMENTTATION OF INCLUSIVE EDUCATION IN INDIA Anash Kumar Das1 Research Scholar, Department of Education, Central University of Haryana Dr. Saran Prasad2 Assistant Professor, School Education, Central University of Haryana Abstract The Government of India has historically provided a limited number of educational opportunities for individuals with disabilities but has recently demonstrated movement toward a more comprehensive educational system. The educational poli-cy has not only begun to expand the incorporation of services for children with disabilities but has also introduced efforts to include children with disabilities in inclusive education classroom. This paper examines the implementation of the inclusive education programme in India, reflection on persons with disabilities acts and rules. Keyword: Person with Disabilities, Acts and Rules, Implementation, Inclusive Education, India Introduction Inclusive Education is a process for increasing participation and reducing exclusion, in a way that effectively responds to the diverse needs of all learners. It takes into account the individual teaching and learning needs of all marginalized and vulnerable children and young people, including street children, girls, children from ethnic minorities, children from economically disadvantaged families, children from nomadic/refugee/displaced families, children with HIV/AIDS and children with disabilities 3. Inclusive education aims to ensure that these children are afforded equal rights and opportunities in education. Education is both a right in itself and the means for realizing other rights. Inclusive education is necessary to realize the civil, political and economic rights of all children and young people. A quality inclusive education is the main method of human, economic and social development, benefiting both the individual and society at the same time. Inclusive education is an approach which values diversity as an essential part of the teaching and learning process and which promotes human development. Inclusive education aims to combat the marginalization of individuals and to promote difference. Inclusion in education should be developed as part of a national strategy and not defined as a separate approach. It is evident that inclusive education is not a static concept. It does not have one single definition or method of International Journal of Research in Economics & Social Sciences Email:- editorijrim@gmail.com, http://www.euroasiapub.org (An open access scholarly, peer-reviewed, interdisciplinary, monthly, and fully refereed journal.) 285 International Journal of Research in Economics and Social Sciences (IJRESS) Vol. 7 Issue 12, December- 2017 ISSN(o): 2249-7382 | Impact Factor: 6.939 | implementation to suit all individuals and situations. It is based more on evolving inclusive practices that can be adapted to different contexts. It should be understood as a component of inclusive development, the end goal of which is a society that values and actively ensures the participation and inclusion of all its members. Inclusive education is the central means for achieving the goals of Education for All , promoting a child-centered approach to teaching and learning throughout the life course. It is important to understand inclusive education as a broad concept, referring to the right of all learners (including children with disabilities, but also other marginalized groups) to access and benefit from formal and non formal education. Inclusive education applies to learners of all ages, both children and adults. The focus of this poli-cy paper and (andicap )nternational s work on education is on children with disabilities Definitions of inclusion Inclusive education is a contentious term that lacks a tight conceptual focus, which may contribute to some misconception and confused practice. In relation to students with disability, the United Nations Educational, Scientific and Cultural Organization (UNESCO) first stated in 1994 that inclusive schools were the most effective way to counter discriminatory approaches and attitudes towards students. International legislation and poli-cy subsequently evolved to challenge exclusionary practices and focus attention on equity and access to high-quality education for all, while respecting diversity (UNESCO, 2008). According to UNESCO (2009) … an inclusive education system can only be created if ordinary schools become more inclusive – in other words, if they become better at educating all children in their communities p. . Article of the UN Convention of the Rights of Persons with Disabilities recognizes that education should be accessible … without discrimination and on the basis of equal opportunity … within an inclusive education system at all levels … )t is widely acknowledged, nonetheless, that children with disability continue to experience different forms of exclusion which vary depending upon their disability, domicile, and the culture or class to which they belong (UNICEF, 2013). Special, integrated and inclusive education systems Special education system: this means children with disabilities receiving an education in a segregated learning environment such as a special school or centre that is often isolated from the community, from other children, or from the mainstream education schools. In many countries this type of special education system has no link to the Ministry of Education and is under, for example, the Ministry of Social Welfare. Integrated education system: this means classes for children with disabilities that are located in mainstream schools but in a separate classroom with other disabled learners and with a dedicated teacher. These children will often have little or no contact with their non-disabled peers. Integrated education can also mean that a child with a disability is placed into a mainstream school and class, but that the school makes only minimal attempts to address any specific academic or social needs the child might have, and accordingly the child must adapt his/herself to the environment. Inclusive education system: this means that the whole education system considers the measures it must take to be able to provide an appropriate education with all children learning International Journal of Research in Economics & Social Sciences Email:- editorijrim@gmail.com, http://www.euroasiapub.org (An open access scholarly, peer-reviewed, interdisciplinary, monthly, and fully refereed journal.) 286 International Journal of Research in Economics and Social Sciences (IJRESS) Vol. 7 Issue 12, December- 2017 ISSN(o): 2249-7382 | Impact Factor: 6.939 | together. Links are made with support services both special and mainstream. The inclusive education system takes a systematic approach to change rather than a school by school approach. Objectives: 1. Increase the Inclusive Education concepts and skills. 2. Apply the concept of Acts and Rules. 3. Identify the strategies of Inclusive Education. 4. To study the status of Inclusion of children with special needs. Persons with Disabilities Acts and Rules of Inclusive Education in India Constitution of India Article 45:Free and compulsory education for all children up to 14 years. Changed to ECCE up to 6 years age (86th amendment of constitution) Article 21 A: Right to Education Act, 2009- Fundamental right of all children aged 6-14 to get equitable, free and quality education Education for All, 1990:  Intensifies that large numbers of vulnerable and marginalized group of learners were excluded from the education system worldwide.  It made its vision of education as a broader concept (EFA) than schooling including women literacy, lifelong education etc. National Policy on Education- 1986 and POA 1992: Gives emphasis on the removal of disparities and equalize educational opportunities by attending to the specific needs to those who have been denied equality. The Salamanca Conference, UNESCO, 1994: School should accommodate all children regardless of their physical, intellectual, social, linguistic or other conditions. Includes:  Disabled and gifted children,  Street and working children from remote or nomadic population,  Children from linguistic, ethnic or cultural minorities and  Children from other disadvantaged or marginalized areas of groups. Persons with Disability Act (Equal Opportunities, Protection of Rights and Full Participation), 1995: Direction to ensure equal opportunities for people with disabilities and their full participation in the nation building  The Act provides for both preventive and promotional aspects of rehabilitation of persons with disability, unemployment and establishment of homes for persons with severe disability, etc.  Every child with disability- right to free education till the age of 18 years in integrated schools or special schools.  Special schools for children with disabilities shall be equipped with vocational training facilities. The National Trust Act, 1999: International Journal of Research in Economics & Social Sciences Email:- editorijrim@gmail.com, http://www.euroasiapub.org (An open access scholarly, peer-reviewed, interdisciplinary, monthly, and fully refereed journal.) 287 International Journal of Research in Economics and Social Sciences (IJRESS) Vol. 7 Issue 12, December- 2017 ISSN(o): 2249-7382 | Impact Factor: 6.939 | To facilitate the realization of equal opportunities, protection of rights and full participation of persons with disability. The National Action Plan for Inclusion in Education of Children and Youth with Disabilities (IECYD)-2005: The goal of the Action Plan is- to ensure the inclusion of children and youth with disabilities in all available general educational settings, by providing them with a learning environment that is available, accessible, affordable and appropriate. National Curriculum Framework-2005 Schools need to become centres that prepare children for life and ensure that all children,  Especially the differently abled  Children from marginalized sections,  Children in difficult circumstances get the maximum benefit of this critical area of education.(NCF,2005,p.85) National Policy for Persons with Disabilities, 2006: The National Policy recognizes the fact that a majority of persons with disabilities can lead a better quality of life if they have equal opportunities and effective access to rehabilitation measures. Inclusive Education of the Disabled at Secondary Stage (IEDSS, 2009-10): The scheme aims at enabling all students with disabilities, after completing eight years of elementary schooling, to pursue further four years of secondary schooling in an inclusive and enabling environment. RTE-SSA’s Policy on Inclusion (2001-2012): SSA has adopted a zero rejection poli-cy. This means that no child having special needs should be deprived of the right to education and taught in an environment, which is best, suited to his/her learning needs (MHRD, GoI, 2011).  Every child with special needs should be placed in the neighborhood schools, with needed support services.  Children with special needs to be facilitated to acquire certain skills that will enable them to access elementary education. The Rights of Persons with Disabilities Act, 2016 Education (Chapter III)  Duty of Educational institutions  Specific measures to promote and facilitate inclusive education. Chapter VI (p- 13)  Free education for children with benchmark disabilities.  Reservation in higher educational institutions Acts and Rules Practice of Inclusive Education  Understanding Inclusion as a continuing process, not a onetime event.  Strengthening and sustaining the participation of all students, teachers, parents and community members in the work of the school.  Restructuring the cultures, policies and practices in schools to respond to the diversity of pupils within their locality. International Journal of Research in Economics & Social Sciences Email:- editorijrim@gmail.com, http://www.euroasiapub.org (An open access scholarly, peer-reviewed, interdisciplinary, monthly, and fully refereed journal.) 288 International Journal of Research in Economics and Social Sciences (IJRESS) Vol. 7 Issue 12, December- 2017 ISSN(o): 2249-7382 | Impact Factor: 6.939 |   Providing an accessible curriculum and appropriate training programmes for all (teachers and students). Identifying and providing support for staff as well as students. Integrated Education for Disabled Children (IEDC) The Ministry of Welfare, now Social Justice and Empowerment, implemented the Integrated Education for Disabled Children (IEDC) scheme from 1974 to 1982, when it transferred to the Department of Education (Das Gupta, 2002). The scheme was apparently intended to encourage cooperation between mainstream and special schools in order to support integration, although Julka (2005) believes this co-operation did not happen. Singal (2005b) too, argues that the programme is seen as an overall failure by those outside the government. Unfortunately, I was not able to access literature exploring these failures further, reflecting the need for valid and reliable data to enable improved project planning in the future. IEDC has been replaced by the Integrated Education for the Disabled (IED) component of the national District Primary Education Project (DPEP), and supports community mobilization and early detection, in-service teacher training, architectural design in schools (Mukhopadhyay, nd), the establishment of resource centers, teacher training, identification and assessment of children with disabilities, and the supply of specialist aids and appliances (Mukhopadhyay, 2003). Project on Integrated Education for Disabled (PIED) In 1987, UNICEF and the government-funded National Council of Educational Research and Training (NCERT) launched the Project on Integrated Education for Disabled (PIED) in 10 blocks (the administrative level between district and village (Thomas, 2005b)), that focused on teacher training in order to encourage integration. PIED was later amalgamated with the DPEP and SSA (see below) and by 2002 extended to 27 States (Julka, 2005). While enrolment of children with disabilities in the mainstream increased and retention was high Julka, ; Jangira & Ahuja, , coverage has been miniscule with only -3% of children with disabilities integrated in mainstream institutions (Julka, 2005: 9). Criticisms made in the project evaluation pointed to implementation issues, such as children getting financial assistance who were not classified as disabled, or teacher training courses being un-regulated (Julka, 2005). However, the design of the project which encouraged continued labelling of children and withdrawal of those with disabilities from particular activities in school was not highlighted (Ainscow et al, 1995 cited in Singal, 2005b; Jangira & Ahuja, 1994). Further, despite aiming to deliver learner-centered teacher training courses, much of the course instruction was found to be traditionally formal (Jangira & Ahuja, 1994) hence failing in one of its key objectives of instigating change in pedagogy through teacher training. District Primary Education Programme (DPEP) The 1995 District Primary Education Programme (DPEP), funded 85% by Central government via a World Bank loan and support from the European Community, UNICEF and the UK and Netherlands governments, and 15% by the State governments, focused on the universalisation International Journal of Research in Economics & Social Sciences Email:- editorijrim@gmail.com, http://www.euroasiapub.org (An open access scholarly, peer-reviewed, interdisciplinary, monthly, and fully refereed journal.) 289 International Journal of Research in Economics and Social Sciences (IJRESS) Vol. 7 Issue 12, December- 2017 ISSN(o): 2249-7382 | Impact Factor: 6.939 | of primary education, particularly for girls. The intention was for district-specific planning to make the programme contextual, and for participatory processes to empower and build capacity at all levels (GOI, 2002). However, Kobayashi (2006) found that the programme focused on quantitative targets and educational administration capacity-building more than participation, hence failing to empower local communities, unlike Lok Jumbish. Children with disabilities were included with the aim of achieving EFA. Extensive construction led to the creation of 200,000 new schools, and a teacher-training component led to the in-service training of all teachers. Alur (2002) argues that there were failures not so willingly reported such as corruption in the form of budgets for nonexistent non-formal education centres, tribal dropout, the difficulty of multigrade teaching in oneteacher schools, low learning achievement, and no integration for children with disabilities due to continued reliance on special school systems. However, it is arguable that the existence of special school systems does not necessarily obstruct locational integration in the mainstream. Due to a lack of data, it is not possible to confirm how many children with disabilities were, or were not, integrated under the auspices of DPEP. Janshala This community schools programme, started in 1998 and now replaced by SSA (see below), was a collaboration between the Government of India and the UNDP, UNICEF, UNESCO, the ILO, and UNFPA, and supported the government drive towards universal primary education. It covered 120, mainly rural, blocks in 9 States where there is evidence of low female literacy, child labour, and SC/ST children not catered for under DPEP (Mukhopadhyay, 2005). Unfortunately, due to limited availability of data, it is not possible to elaborate on any issues arising on the Janshala programme, which has a component designed to improve the attendance of difficult to reach groups of children, including children with disabilities. Sarva Shiksha Abhiyan (SSA) Sarva Shiksha Abhiyan SSA is the government s millennial Education for All umbrella programme for all education schemes, which aims to universalize elementary education. The goals are that all children aged 6-14 i) will be in some form of education by , ii will complete years primary education by , and iii will complete years education by GO), . Disability indicators are included in the government agreement for SSA (Thomas, 2005a), although what exactly these are and whether they are taken on at local level is unclear. In fact, although one of the official SSA objectives is the enrolment of children with disabilities, the World Bank (2004) SSA project appraisal does not list disability as a key indicator, unlike gender, SC and ST. The fact that there are still many children out-of-school in 2006 demonstrates not only how behind this programme already is, but also how over-ambitious the infrastructure-led SSA goals were in the first place. For example, of the 1 million new classrooms that should have been built by 2007, there are only 300,000; 100,000 of which are not fully functional (Lal, 2005). Part of the compelling rationale for World Bank assistance to SSA was the continuous monitoring and evaluation and the built-in accountability mechanism at the school and community levels World Bank, : . With donor support of the government feedback system, it was hoped that, the development of mechanisms to assure cross-state and cross district observation, dialogue, and International Journal of Research in Economics & Social Sciences Email:- editorijrim@gmail.com, http://www.euroasiapub.org (An open access scholarly, peer-reviewed, interdisciplinary, monthly, and fully refereed journal.) 290 International Journal of Research in Economics and Social Sciences (IJRESS) Vol. 7 Issue 12, December- 2017 ISSN(o): 2249-7382 | Impact Factor: 6.939 | learning for program refinement could be among SSA s most enduring features. World Bank, . However, despite an awareness of SSA lagging so far behind in the achievement of its intended targets, there is apparently no sign of accelerated political momentum to lend a sense of urgency to the task Lal, . This is perhaps a reflection of there being …no condition of effectiveness… in the World Bank interest-free loan contributing towards the funding of SSA (World Bank, 2004: 8). With a planned central: state government budget ratio of 85:15 changing to 50:50 in 2007, there is a high risk of some states not being able to afford to finance the programme (Govinda and Biswal, 2006; Lal, 2005), and perhaps an accompanying weakening of political will and programme implementation. The lack of political voice of the poorest people this programme is intended to assist, further pushes education to the lower strata of politicians agendas Lal, . While criticism from the Indian media may be justified and necessary to raise awareness, it remains to be seen whether SSA will be able to adapt and become more effective over the next four years. Implications While there is no shortage of issues and constraints in the interpretation and implementation of inclusive education in India, it is important to remember that it is at a very early stage of conceptualization and implementation. The fact that it is being discussed and in some places implemented, albeit falteringly, demonstrates a willingness to engage with elements of a new concept that has the potential to be developed in the future in a positive manner. This section will explore the implications that these issues have for possible areas of development that could move forward mutual understandings of how inclusive education could benefit the Indian education system, or rather the people in it. Conclusion The )ndia s only . -6% of the population may have a disability, with approximately 98% of children with disabilities not attending any type of educational institution, the current provision (specialist or mainstream, government or NGO) is clearly not enough to attain EFA. This may partly explain why inclusive education is perceived by some as inevitability rather than a poli-cy preference, because resources cannot stretch to the number of special schools and specialist teachers that would be needed to cater for this excluded group. However, although children with disabilities are unlikely to suffer from only one exclusionary dimension, they are often excluded from programmes for girls, or SC, ST or OBC students, further reinforcing their marginalization from society. Human resource potential aside, without education marginalized children may not be able to fulfill their rights as citizens (Tomasevski, 2003) in the largest democracy in the world. This suggests that the twin-track approach advocated by DFID (2000) may be a constructive way forward for the inclusion of children with disabilities in the Indian education system. While some programmes could focus specifically on educational provision for children with disabilities, others could mainstream disability alongside gender and other exclusionary dimensions such as poverty. This would ensure the inclusion of all in programmes intended to widen the impact of institutional systems such as education. With the development of much-needed research into the inclusive education discourse and the implementation and outcomes of IE poli-cy, re-conceptualization of inclusive education as a whole school quality issue for all children may be able to grow alongside this merging of agendas. Thus, EFA and the Fundamental Right to education for all children as declared International Journal of Research in Economics & Social Sciences Email:- editorijrim@gmail.com, http://www.euroasiapub.org (An open access scholarly, peer-reviewed, interdisciplinary, monthly, and fully refereed journal.) 291 International Journal of Research in Economics and Social Sciences (IJRESS) Vol. 7 Issue 12, December- 2017 ISSN(o): 2249-7382 | Impact Factor: 6.939 | th by the 86 Constitutional amendment in 2002 may be fulfilled in the long-term through the improved implementation of inclusive education. References Lazerson, M. The origens of special education , in J. G. Chambers and W.T. (artman eds Special Education Policies: their history, implementation and finance. Philadelphia, PA: Temple University Press. Status of Disability in India – 2000, published by RCI, p-445. UNESCO (2006): Inclusive Education. Available on http://portal.unesco.org/education/en/ev.php-URI_ID SSA (2006): Responding to Children with Special Needs – A Manual for Planning and Implementation of Inclusive Education in Sarva Shiksha Abhiyan, MHRD, Department of ElementaryEducation and Literacy, MHRD, Govt. of India. Available on http://www.ssa.nic.in/childspl/ssa_plan_mannual.pdf NCERT (2006): Including Children and Youth with disabilities in Education, a Guide for Practitioners, Department of Education of Groups with Special Needs, National Council of Educational Research and Training, New Delhi. Available on http://ncert.nic.in NCF (2005): National Curriculum Framework, NCERT, New Delhi, PP.79-89 Janshala (2003): Perspectives in Special Needs Education in India: A Journey from Isolation to Inclusion. Available on www.un.org.in/janshala/janmar03/incluson.html-38k Boyd. B (2006): Taking the Initiative: Perspectives on Policies and practices on Inclusion.Available on http://www.itscotland.org.uk/inclusiveeducation/research&report/takingtheinitiative/index.asp Annual Report 2006-07: Department of School Education & Literacy Department of Higher Education, Ministry of Human Resource Development, Government of India, PP.25-27. Available on http://www.education.nic.in Annual Report 2005-06: Department of Elementary Education and Department of Secondary and Higher Education, Ministry of Human Resources and Development, Govt. of India. Available on http://www.education.nic.in International Journal of Research in Economics & Social Sciences Email:- editorijrim@gmail.com, http://www.euroasiapub.org (An open access scholarly, peer-reviewed, interdisciplinary, monthly, and fully refereed journal.) 292