Lok Sabha Question No. 277 (STARRED), answered on 2022-03-22
Subject: Rights of Differently Abled Persons
Ministry: SOCIAL JUSTICE AND EMPOWERMENT
Asked by: N.K. Premachandran

## GOVERNMENT OF INDIA MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT

## DEPARTMENT OF EMPOWRERMENT OF PERSONS WITH DISABILTIES

## LOK SABHA

## STARRED QUESTION NO. *277

TO BE ANSWERED ON 22.03.2022

## RIGHTS OF DIFFERENTLY ABLED PERSONS

## *277.   SHRI N.K. PREMACHANDRAN:

Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:

- (a) whether the Government proposes to ensure the rights of differently abled persons in the country and if so, the details thereof;
- (b)    whether  the  Government  proposes  to  provide  the  service  of  specially  trained  teachers  for teaching the differently abled children in the country, if so, the details thereof;
- (c)  whether  the  State  Governments  are  legally  bound  to  follow  the  qualification  fixed  by  the Rehabilitation  Council  of  India  (RCI)  as  qualification  for  giving  training  to  differently  abled children in the country and if so, the details thereof;
- (d)  whether the Union Government proposes to give direction to State Governments to follow the guidelines,  rules  and  regulations  of  RCI  for  fixing  the  qualification  of  teachers  for  teaching differently abled students, if so, the details thereof; and
- (e)  whether the Government proposes to approve the qualification acquired from National Institutes of Speech & Hearing (NISH) as a qualification for recruitment of teachers, if so, the details thereof?

## ANSWER

## MINISTER OF SOCIAL JUSTICE AND EMPOWERMENT

(DR. VIRENDRA KUMAR)

- (a) to (e) A statement is laid on the Table of the House.

Statement referred to in reply to part (a) to (e) of the Lok Sabha Starred Question No. 277 raised by SHRI N.K. PREMACHANDRAN regarding 'Rights of Differently Abled Persons' for answer on 22.03.2022.

- (a) The Government enacted the Rights of Persons with Disabilities Act, 2016, which came into force  on  19.04.2017.  The  said  Act  provides  various  rights  and  entitlements  to  persons  with disabilities (PwDs) and mandates appropriate Governments to take measures to ensure that PwDs enjoy their rights equally with others. Under the Act the Chief Commissioner for PwDs and the State Commissioner for PwDs are mandated to monitor implementation of the provision of the said Act and also to look into the complaints regarding deprivation of the rights of PwDs. The Act has penal  provision  for  punishment  for  violation  of  its  provision  which  act  as  a  deterrent  to  ensure implementation.
- (b)   Department  of  School  Education  &  Literacy,  Ministry  of  Education  has  requested  all States/UTs to avail the services of special trained teachers as itinerant teachers as per the Samagra Shiksha,  within  the  school  block  (cluster  schools)  until  sufficient  number  of  special  teachers becomes available for general schools and special schools to optimize the resource persons.
- (c) & (d) As per section 2 (n) of the Rehabilitation Council of India Act, 1992, special teachers for educating  and  training  the  PwDs  are  included  as  'Rehabilitation  professionals'.  Further  as  per section  13(2)  of  the  Rehabilitation  Council  of  India  Act,  1992,  no  person,  other  than  the rehabilitation professional who possesses a recognised rehabilitation qualification and is enrolled on the Register :-
- i. Shall  hold  office  as  rehabilitation  professional  or  any  such  office  (whatever  designation called) in Government or in any institution maintained by a local or other authority.
- ii. Shall practice as rehabilitation professional anywhere in India;

The  RCI  has  developed  Model  Recruitment  Rules,  2021,  which  serve  as  a  guide  for  the organizations  for  recruitment  of  special  education  teachers/special  educators  for  the  purpose  of educating and training of PwDs.

- (e)   Presently,  National  Institute  of  Speech  &  Hearing  (NISH)  is  not  conducting  any  training programme approved by RCI in Special Education for recruitment of teachers.

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