Patna HC Seeks Response From State on Plea Seeking Secured Educational Facilities for Visually Impaired Children

Recently the Bench of Chief Justice Sanjay Karol and Justice S Kumar sought response from the Bihar State Government on a plea filed through Advocate Brisketu Sharan Pandey, asking for secured educational facilities for the visually impaired children.

Whether only three institutions referred are sufficient enough to cater to the need of visually impaired children in Bihar: Patna HC 

Patna HC relied on the data presented by an amicus curiae on schools for the visually impaired in the state. The report highlights the fact that there are only eight schools for physically impaired people. Out of these eight schools, only three cater to visually impaired people.

Whether only three institutions are sufficient enough to cater to the need of visually impaired children in Bihar?” Patna HC questioned.

Moving further the Court raised few questions to the Commissioner and the Bihar Chief Secretary. 

• Whether the functions of the  Commissioner caters with the provisions of Section 80 of the Rights of Persons with Disabilities Act, 2016? 

• What is the total enrolment capacity of the schools for visually impaired children?  Whether they totally serve the needs of all visually impaired children? 

• Are there any methods that can be taken by the State to provide education to visually-impaired children in the State? 

• Are there any particular ways to encourage inclusive education in terms of Section 17 of the Rights of Persons with Disabilities Act, 2016? 

The State Commissioner for Persons with Disabilities and the Chief Secretary directed to present the personal affidavits before the Bench  

The Court further highlighted the provisions of the United Nations Convention on the Rights of Persons with Disabilities as well as Article 15 and Articles 39(f), 45, 47 of the Indian Constitution to underscore that the rights of persons with disabilities, specifically children who were physically-challenged, had to be promoted by the State. The Bench also pointed out the objects and reasons for the enactment of the Rights of Persons with Disabilities Act, 2016, which was specifically legislated to implement the UN's Convention in the Indian legal system. The Court also referred to the 2011 Census report which recorded 1.72 lakh children as being between the age of 5-19 years but there were no particulars about visually impaired people. The Court has asked for information from amicus and instructed the State Commissioner for Persons with Disabilities and the Chief Secretary to present the personal affidavits before the Bench. 

The matter was adjourned to December 22.