Inclusive Education for Children with Disabilities in India: Legal Analysis under the Rights of Persons with Disabilities Act, 2016
DOI:
https://doi.org/10.53573/rhimrj.2026.v13n01.002Keywords:
Inclusive Education, Rights of Persons with Disabilities Act 2016, Children with Disabilities, Legal Framework, Right to Education, Judicial Interpretation, IndiaAbstract
Inclusive education for children with disabilities continues to be an essential but insufficiently fulfilled requirement within India's educational system. The Rights of Persons with Disabilities Act (RPWD), 2016, signifies a significant transition from a welfare-focused to a rights-oriented framework, clearly acknowledging inclusive education as a basic right. This study conducts a doctrinal legal examination of the (RPWD) Act, 2016, focusing on its main provisions concerning education, their relationship with the Right to Education Act, 2009, and related judicial interpretations. It evaluates the difficulties in implementation and the discrepancies between the law's purpose and actual situations. By analyzing constitutional requirements, legal frameworks, and significant court rulings, the research assesses the effectiveness of the Act in fostering equal and high-quality inclusive education. The document ends with suggestions for reforms in legal, institutional, and educational areas to close the current gap and fulfil the constitutional commitment to inclusive education for every child in India.
References
Article 14 of the Constitution of India.
Vikash Kumar v. Union Public Service Commission, (2021) 5 SCC 370.
Article 15 of the Constitution of India
Id., Art. 21
Id., Art. 24,25
Id., Art. 32(1)
Id., Art. 226
Section 2 (h) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act, 1995 (Act 1 of 1996).
Section 2 (s) of The Rights of Persons with Disabilities Act, 2016 (Act 49 of 2016).
Section 3 of The Right of Children to Free and Compulsory Education Act, 2009 (Act 35 of 2009).
Section 12 (1) (c) of The Rights of Persons with Disabilities Act, 2016 (Act 49 of 2016).
Id., s. 16(d)
Id., s.17
Id., s. 2(m)
National Council for Teacher Education, Inclusive Education (2021), para.1.2.1.
Section 16 to Section 18 of The Rights of Persons with Disabilities Act 2016 (Act 49 of 2016), covers the Educational Rights law.
Richa, Aditi Saxena & Rajive Raturi, A Handbook on Rights of Persons with Disabilities Act, 2016 (Human Rights Law Network, April 2018) 13.
Section 17 of The Rights of Persons with Disabilities Act, 2016 (Act 49 of 2016).
Id., s. 18.
Bandhua Mukti Morcha v Union of India, (1984) 3 SCC 161.
Mohini Jain v State of Karnataka, AIR 1992 SC 1858.
AIR 2003 SC 355.
The Constitution of India, Article 21 A: The State shall provide free and compulsory education to all children of the age six to fourteen years in such manner as the State may by law, determine.
The Constitution of India, Article 45: Provision of early care and education to the children below the age of six years: The State shall endeavor to provide early childhood and care for all the children until they complete the age of six years.
The Constitution of India, art. 51 (A) (k): who is a parent or a guardian, to provide opportunities for education to his child or, as the case may be, ward between the age of six to fourteen years.
State of Madras v Champakam Dorairajan,1951 SCR 525.
Mohd. Hanif Qureshi and others v State of Bihar, AIR 1958 SC 731.
Section 26 (a) of Persons with Disabilities (Equal Opportunities, protection of Rights and Full Participation), Act of 1995 (1 of 1996).
Ruchi Gupta, Right of Children with Special Needs: An Empirical Study of their implementation in Education Block of Shimla District of Himachal Pradesh (2016) (Unpublished Ph. D Thesis, Himachal Pradesh University)
(2004) 4 Raj LW 3273
(2021) 17 SCC 1.
Ibid.
(2014) 14 SCC 383
