constitutional Provisions and policies on Inclusive Education.pdf

constitutional Provisions and policies on Inclusive Education

1. Constitutional Provisions and
Recommendation of policies on inclusion
Akanksha Singh and Anjali Dwevedi

2. Inclusive Education in India:
Constitutional Provisions
Akanksha Singh and Anjali Dwevedi

3. Constitutional Provisions
Preamble
•Justice
•Liberty
•Equality
•Fraternity
Akanksha Singh and Anjali Dwevedi

4. Fundamental rights
Akanksha Singh and Anjali Dwevedi

5. Constitutional Provisions
The Constitution of India provides equal rights to its citizens to enjoy their lives
respectfully and walk with dignity and integrity.
Major Constitutional Provisions
•Article14(RighttoEquality):
Guarantees equality before the law and equal protection of the law for all citizens,
including persons with disabilities.
•Article15(ProhibitionofDiscrimination):
Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth
and applies to persons with disabilities.
Akanksha Singh and Anjali Dwevedi

6. •Article 21 (Right to Life and Liberty):
•Ensures the fundamental right to life and liberty, which extends to persons
with disabilities.
•Article 21 A
State shall provide free and compulsory Education to all children at the age
of 6-14 yeas as a fundamental right
Akanksha Singh and Anjali Dwevedi

7. •The Right to Education: Article 21A
•Well-known constitutional provision regarding education is Article
21A, added by the 86th Constitutional Amendment Act, 2002. This
amendment made education a fundamental right for children aged 6
to 14 years.
Akanksha Singh and Anjali Dwevedi

8. Key Features of Article 21A:
•Legal Right: Education for children between the ages of 6 and 14 is
not just a policy matter but a legally enforceable right.
•State Responsibility: The state is mandated to provide free and
compulsory education to this age group. This includes creating
infrastructure, recruiting teachers, and ensuring the necessary funds
for education.
•Right to Education Act (RTE), 2009: To implement Article 21A, the
Right to Education Act was passed. The Act details various aspects like
school infrastructure, the pupil-teacher ratio, and the admission
process, ensuring a high standard of elementary education across the
country.
Akanksha Singh and Anjali Dwevedi

9. •Historical Context:
•Before the introduction of Article 21A, the provision of education was
only a directive principle under Article 45. However, it became
evident that unless education was made a fundamental right, the goal
of universal elementary education would remain unattainable. Article
21A, therefore, marks a significant shift in India’s legal framework,
reflecting the state’s commitment to providing quality education to
every child.
Akanksha Singh and Anjali Dwevedi

10. Directive Principles
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11. Key Features of Article 45:
•It directs the state to provide free and compulsory education for children
until they complete the age of 14 years.
•Article 45 placed the responsibility of primary education on the state, but it
did not have the binding force of law, meaning states could not be legally
held accountable for failing to provide this education.
Failure to Implement:
•Although the Constitution aimed to achieve free and compulsory education
within 10 years of its commencement, this goal was not realized.
Challenges such as inadequate funding, lack of infrastructure, and poor
governance delayed the achievement of universal elementary education.
The failure of Article 45 led to the subsequent introduction of Article 21A
and the Right to Education Act, 2009.
Akanksha Singh and Anjali Dwevedi

12. Akanksha Singh and Anjali Dwevedi

13. Akanksha Singh and Anjali Dwevedi

14. Educational Rights for Minorities: Article 29
and 30
•Article 29:
•This article protects the interests of citizens belonging to any section of the population with a
distinct language, script, or culture.
•It ensures that no discrimination is made on the grounds of religion, race, caste, or language for
admission into educational institutions maintained by the state.
•Article 30:
•This article grants minorities the right to establish and administer educational institutions of their
choice.
•It safeguards the rights of religious and linguistic minorities to preserve their educational
institutions, ensuring that they have the autonomy to design curricula, hire staff, and set their
administrative rules.
•Significance:
•These articles ensure that India’s education system remains inclusive and respects the linguistic
and cultural diversity of the country. Educational institutions run by minorities enjoy special
protections under these provisions, contributing to India’s pluralism.
Akanksha Singh and Anjali Dwevedi

15. Special Provisions for Backward Classes:
Article 15(3) and 15(4)
•Article 15(3):
•This article allows the state to make special provisions for women and children, providing
them with opportunities for advancement, including in education.
•Article 15(4):
•This clause empowers the state to make special provisions for the advancement of
socially and educationally backward classes, as well as SCs and STs.
•Over the years, various scholarship programs, reservation policies in educational
institutions, and affirmative action measures have been introduced under this provision.
•Significance:
•Articles 15(3) and 15(4) are critical in ensuring that historically marginalized groups have
access to quality education. These provisions play a vital role in promoting social equity
and bridging the educational divide.
Akanksha Singh and Anjali Dwevedi

16. Concurrent List and Education: 42nd Amendment
•The 42nd Amendment Act of 1976 is a landmark in the constitutional history of Indian
education, as it transferred education from the State List to the Concurrent List. This
change gave both the Central and State Governments the power to legislate on matters
related to education.
Prior to this amendment, education was solely a state subject. However, the need for
national educational reforms and a uniform policy led to its inclusion in the Concurrent List.
•This shift has allowed for the creation of national educational policies, enabling the
central government to introduce uniform laws such as the Right to Education Act,
curriculum standards, and regulations for universities.
•Significance:
•The inclusion of education in the Concurrent List has ensured more cohesive and
consistent educational policies across India, promoting national unity in education.
Akanksha Singh and Anjali Dwevedi

17. Fundamental Duties and Education: Article 51A(k)
•In addition to the rights enshrined in the Constitution, the 86th
Amendment also introduced a corresponding fundamental duty
related to education.
•Article 51A(k):
•This article mandates that parents or guardians provide educational
opportunities for their children aged 6 to 14 years.
•This provision emphasizes that while the state guarantees education
as a right, parents are also responsible for ensuring their children
attend school.
Akanksha Singh and Anjali Dwevedi

18. Constitution’s provisions reflect the commitment
to creating an equitable and inclusive educational
system
•From Article 21A’sRight to Education to the protection of minority
educational rights and the inclusion of backward classes,
•Right to Education Act (RTE), scholarships for marginalized groups,
and educational institutions for minorities, continues to work toward
achieving the Constitutional promise of universal education.
Akanksha Singh and Anjali Dwevedi

19. The National Education Commission (1964-66)
The first education commission in India, popularly known as the Kothari
Commission, began the section on handicapped children in the chapter
‘Towards Equalization of Educational Opportunities'. The commission
suggested educational facilities be extended to these four category: the
blind, the deaf, the orthopedically handicapped, and the mentally
retarded. Furthermore, the Kothari Commission recommended a Cell,
at NCERT, to study in this country and abroad, the work being done in
the field of education for the handicapped and prepare material for
their teachers.
Akanksha Singh and Anjali Dwevedi

20. National Policy On Education (1968)
The 1968 National Education Policy followed the commission’s (Kothari
ayoge) recommendations and suggested the expansion of education
facilities for physically and mentally handicapped children and the
development of an ‘integrated programme’ enabling handicapped
children to study in regular schools. Eight years later, in 1974, the
welfare ministry started a scheme for the integrated education of
disabled children, or the IEDC.
Akanksha Singh and Anjali Dwevedi

21. National Policy on Education (1986)
Twenty years later, the NPE (MHRD, 1986), which has been guiding the education
system in India under its broad objectives of ‘education for equality’ proposed the
following measures for the education of the handicapped:
1) Wherever it is feasible, the education of children with motor handicaps and
other mild handicaps will be common with others.
2) Special schools with hostels will be provided, as far as possible at district
headquarters, for severely handicapped children.
3) Adequate arrangements will be made to give vocational training to the
disabled.
4) Teachers' training programs will be re-oriented, particularly for teachers of
primary classes, to deal with the special difficulties of handicapped children.
Voluntary efforts to educate the disabled will be encouraged in every possible
manner. Akanksha Singh and Anjali Dwevedi

22. Centrally Sponsored Scheme of Integrated Education for
Disabled Children (Revised 1987, 1989, and 1992)
•The Department of Social Welfare, Govt. of India launched the centrally
sponsored scheme of Integrated Education for Disabled Children in
assistance. The Scheme provided funding for rehabilitation aids and
equipment, educational material, training of resource teachers, the
establishment of preschool and parent counseling centers, transport
allowance, removal of architectural barriers in school buildings, etc.
•With the coverage of education of children with disabilities in the National
Policy on Education in 1986, the scheme was shifted to the Ministry of
Human Resource Development. The scheme purposes to provide
educational opportunities for children with disabilities in common
schools. Akanksha Singh and Anjali Dwevedi

23. Program of Action(POA-1992)
The NPE/POA 1986 was modified and a new POA was chalked out in
1992. The 1992 POA made an ambitious commitment for universal
enrolment by the end of the Ninth Plan for both categories of
children: those who could be educated in general primary schools and
those who required education in special schools or special classes in
general schools. It also called for the reorientation of the pre-service
and in-service teacher education programs.
Akanksha Singh and Anjali Dwevedi

24. Project Integrated Education for the Disabled (PIED)
The National Council for Educational Research and Training implemented PIED in
1987 with financial support from UNICEF, which provided support for the
development of instructional material, training of personnel, mobilizing
community support, training of parents, and coordination of the project in
remote and rural areas and difficult places. It also extended support for:
• The identification and assessment of children with disabilities,
• Establishment of resource rooms,
• provision of aids and appliances,
• allowances for children with disabilities.
Akanksha Singh and Anjali Dwevedi

25. THANK YOU
Akanksha Singh and Anjali Dwevedi