9-year-old autistic child can study in regular school: Panel

The commission observed that the matter was dealt under the provisions of the Right to Education Act.

In its final order regarding a nine-year-old autistic child studying at Jamnabai Narsee School,Juhu,the Maharashtra State Commission for Protection of Child Rights (MSCPCR) has directed the institute to continue the childs schooling with the help of a shadow teacher. After the school asked the childs parents to shift the child to another school,the parents challenged the decision in various fora.

This commission has no reason to reconsider its earlier decision as pointed out in para 18 (2) of the order passed on 1/11/2012,therefore the school is directed to continue schooling of the child with the help of shadow teacher. The expenses of shadow teacher (are) to be borne by applicant (parent of the child), says the landmark order dated October 21.

Claiming that the child did not fit the classroom environment and by demanding constant attention disturbed others,the school asked the parents to transfer the child to another school in July. Subsequently,the High Court allowed the child to attend class with a shadow teacher. The court also asked a committee,appointed by MSCPCR,to observe the child for a month during classroom hours.

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Accordingly,an eight-page report submitted by Dr Samir Dalwai,chairperson of the observation committee,said that 30 days of classroom observation reveal that the childs challenges due to autism do not rule the child out of a regular classroom setting.

The report concluded the child was fit to be allowed to attend regular school with a shadow teacher in the current classroom.

In the final hearing on September 10,the school argued that the report did not consider several aspects,including whether the child would progress independently in a mainstream school or whether the childs interests were better served in a school for children with special needs.

On the basis of arguments and submission made by advocates of both parties… Contents of articles (submitted by the school) and suggestions of researchers do not corroborate that the child needs to be admitted in the school established for children with special needs, says the final order,passed by MSCPCR acting chairman Ujjwal Uke and secretary A N Tripathi.

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The order says defects in Dr Dalwais report,as contended by the schools advocate,revolve merely around some technical issues rather than substantial point of law,with specific reason.

Narrating the story of a child who appeared to suffer from autism from a book titled Shankar Digvijayam,the commissions order says,After receiving proper and appropriate environment with cooperation and guidance of appropriate master and with the help of colleagues,the autistic child may be able to integrate himself with others and his disability can be cured.

The commission observed that the matter was dealt under the provisions of the Right to Education Act,2009,and the Commission for Protection of Child Rights Act,2005 and thus the contention of the school that MSCPCR has only recommendatory powers was untenable.