Inclusive Education for Children with Disabilities in India: An Appraisal of Legal Frameworks, Judicial Trends, and Ground Realities

Abstract

Inclusive education represents a paradigm shift from segregation to integration, recognising education as a fundamental right of every individual, regardless of any disability. This research paper critically examines the legislative framework, judicial pronouncements, and ground-level realities concerning inclusive education for persons with disabilities in India. The study analyses the journey from the Persons with Disabilities Act, 1995, to the Rights of Persons with Disabilities Act, 2016, as well as international conventions and the constitutional framework under Article 21-A. An empirical study conducted as a part of this work reveals significant gaps between legal provisions and their implementation, including inadequate infrastructure, lack of awareness of legal rights, and difficulties in obtaining disability certificates. The paper identifies systemic challenges, including inadequate funding, physical inaccessibility, negative attitudes, and insufficient teacher training. The paper concludes with actionable recommendations to harmonise legal intent with educational practice, emphasising the need for universal design, stakeholder sensitisation, and robust grievance redressal mechanisms.