August 10, 2019
Karnataka Disability Commissioner V S Basavaraju has cracked down on
a Bengaluru school which has been accused of abusing a student with
disability. He has asked local education authorities to provide an
alternative school for all the disabled children studying in the school and
asked for the fees to be refunded.
A tough, decisive stand taken by Karnataka Disability Commissioner V
S Basavaraju, one that will hopefully set a precedent. In response
to charges of abuse brought against a Bengaluru school by a parent, Mr
Basavaraju has issued an interim order.
In a letter to Mr Basavaraju Geeta Ahuja Sharma detailed the
manner in which her 10-year-old son, who has mild autism, was allegedly
physically abused by the teachers at the school. When her efforts to get
justice from the school were stonewalled, Geeta wrote to the Disability
Commissioner.
Taking cognizance of the letter, Mr Basavaraju slapped a notice on the
school. The notice says, among other things, that the school does not have
the required trained staff and that the school officials must refund the
child’s fees amounting to ₹ 1,49,000 in total and issue a public apology
within a week.
The letter also directs the school to refund the fees of all the other
disabled students enrolled. “They need to refund the full amount collected
from other disabled students and the Regional Education Officer Bangalore
South must take action to help them get admitted in the neighbourhood schools
having full infrastructure within 15 days”.
Geeta, who says her son has been subject to physical abuse for over 10
months, is happy that justice is finally being done.
I am happy mainly about two things – one that officials have been asked
to find alternative schools and two, that regarding my child, the fees have
to be refunded and an apology given. The teachers who abused my son have
not been mentioned but I am happy with this swift action taken. The fact
that he has considered the other children enrolled there is also wonderful.
– Geeta Ahuja, Complainant
This kind of forceful intervention on behalf of the disabled community is
rare on the part of disability commissioners, making this a bold move.
“Most disability commissioners don’t know the powers they have under the
Rights of Persons with Disabilities Act”, says Delhi
lawyer Shailja Sharma, who is an expert in disability law
and parent to a child with disability.
The RPWD Act, says Shailja, confers upon disability commissioners the powers
of the civil court. “Those who know that will act, those who don’t, will
not”. Barring the states of Assam and Delhi, few state disability chiefs
have exercised it.
In this case, Geeta’s son suffered minor injuries. There are instances
where severe abuse has been reported from schools and therapy centres, but no
action has been initiated. “Even if Geeta had filed a FIR, the police
action would have progressed at its own pace, if at all”, says Shailja.
“The Karnataka order, on the other hand, sets a precedent and will ensure
no other child suffers. This is the kind of action needed at least until
schools and implementing agencies of other provisions realise that its their
duty to ensure they have the facilities or close down”.
The larger issue is the lack of awareness among parents regarding their
children’s rights under RPWD Act, which makes them feel helpless and
disempowered before schools and institutions. For Geeta too this has been a
learning experience.
“This should set an example for parents too, that we must go through the
RPWD Act 2016 as it specifies the rights of children. Every parent should
know about their children’s rights”.
