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WHO IS A CHILD WITH DISABILITY? 

Individuals below 18 yers of age with long term physical, mental, intellectual and sensory impairment, which in inter-action with berries, hinders his full and effective participation in society equally with others. The Rights of Persons with Disabilities Act, 2016 recognises the following specified disabilities:
 

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Children with Disability are first children and are guaranteed all human and child rights. In addition, on account of a physical, mental, intellectual or sensory impairment, which may impact their full and effective participation in society, the Constitution of India guarantees them certain Rights facilitate equal opportunity and participation in society. These rights which we can call 'Disability Rights' help children in realising their child rights. 

Disability Rights for children in India are fairly simple because they are only an extension of child rights. They are extra or special rights exclusively for children with disability and can be enjoyed only when enforced with other child rights. Disability rights in isolation will not benefit a child  in any way and vice versa. 

Let's Understand
  • A child has multiple rights like the Right to Life, Right to Education, Right to Family, Right to Nutrition and Right to Protection amongst many others. All Child Rights are non-negotiable and in-divisible. All children, with or without disability, must enjoy these Rights. In the case of children with disability, their impairment may interfere with the realisation of their child rights. For example, a child with a physical impairment  may not be able to attend school because of the lack of proper infrastructure in the school or in his neighbourhood. Similarly, families abandon their children when a disability is diagnosed due to the lack of awareness and resources required to raise such a child, depriving the child of his right to family.  Therefore, it is the responsibility of the State to provide certain additional rights and provisions to those with disability in order to enable them, their families and the community to provide equal opportunity in realising their child rights. 

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  • Disability Rights do not substitute Child Rights, they only facilitate the realisation of Child Rights for children with disability. They provide equal opportunity by attempting to compensate for the impairment the child may have. For example, a child with disability, like any other child, is eligible for free and compulsory education in a school. Disability Rights ensures that an impairment does not prevent the child from realising this right by providing him certain extra provisions, concessions and entitlements which other children may not require to exercise the Right to Education. 

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Lets assume a child with disability (any of the disabilities under the Act) and his/her Right to Education. All children enjoy The Right to Free and Compulsory Education. However, for a child with disability, the impairment may interfere in his/her performance in school because of personal as well as external factors. This could include the child's health and ability to be present for instruction in class, the child's ability to grasp what is taught at par with his/her classmates, family support, trained teachers, infrastructure, learning aid etc. Without the above, the child will not be able to enjoy his right to education like his peers in class. Taking this into consideration, the State guarantees children with disability The Right to Free and Compulsory Education till 18 years while children without disability can enjoy this right till 14 years only. This will allow the child to complete elementary education at his/her pace. A child may complete it at 14 years, 16 years or 18 years through a mainstream school or a special school, depending on his/her ability to do so. Without the age concession (Disability Right), the child will not be able to exercise his/her right to education and without the the opportunity to receive an education (Right to Education) the disability right has no value. 

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WHAT DO WE MEAN BY INCLUSION OF CHILDREN WITH DISABILITY?

Inclusion is simply the process where society provides equal opportunity to children with disability by being compassionate towards their impairment and supporting them to overcome it to the best extent possible, by respecting their rights and ensuring that they are able to exercise them equally, like their peers. .  
 

  • Inclusion of persons with disability is not a 'project' it is 'a way of life'. 

  • It is not a favour but our social responsibility and constitutional duty to ensure inclusion of persons with disability in all aspects of life. 

  • Inclusion is a holistic approach and not limited to only certain aspects of a child's life. Admitting a child into an inclusive school only doesn't refer to inclusion. The principles need to be followed at home and by the community as well. 

  • Inclusion is an organic process. It will evolve with time and will not occur overnight. 

  • The benefits of an inclusive society is longterm but is sustainable and spreads across society, beyond just the marginalised groups. 

HELPING A CHILD WITH DISABILITY?

If you are a caregiver or want to help a child with disability, the following information may be useful: ​

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  • All child rights apply to the child with disability. 

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  • The concessions and entitlements that apply to children with disability vary with the nature and degree of disability of the child. For example, only a child with benchmark disabilities ie. with not less than 40% of a specified disability is eligible for reservations and concessions in education, higher education, government services etc. Similarly, some of the concession and entitlement for a child with visual impairment may differ from those for a child with intellectual disability. 

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  • To exercise any of the Rights, Concessions and Entitlements for Children with disability, a child with a specific disability will require a certificate of disability or a Unique Disability ID Card from a certified authority, having jurisdiction for issuing of a certificate of disability as prescribed by the government. Check here for more details.

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  • Like in healthcare, children with special needs require a trained and specialised services and service providers.  In addition, participation and a commitment from stakeholders like the family, school, community and the child him/herself is necessary to act in the best interest of the child.  

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  • The Rehabilitation Council of India is the statutory body that regulates and monitors services given to person with disability, to standardise syllabi and to maintain a Central rehabilitation register of all qualified professionals and personal working in the field of rehabilitation and social Education. The body also prescribes punitive action against unqualified persons delivering services to person with disability.

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  • The National Trust works for the welfare of persons with Autism, Cerebral Palsy, Mental Retardation, Multiple Disabilities. 

JOIN THE MOVEMENT

Please write to us with your feedback, thoughts, ideas and concerns. 
Like every child matters, every citizen can make a difference.

Thank You 

Your Feedback Is Appreciated

You may also email me at pallavi@societyforthechild.com

© 2024 by SOCIETY FOR THE CHILD, Mumbai, India

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