The Bombay High Court recently directed the Under Secretary of School Education and Sports Department, Satosh U. Gaikwad to file an affidavit on the implementation of the Samagra Shiksha Abhiyan (SSA) and the Rights of Persons with Disabilities Act (RPWD) in municipality schools for mentally-disabled children.

A Division Bench of Justices Abhay Oka and A.S. Gadkari was hearing a suo motu petition on the sexual exploitation of mentally-disabled inmates at children’s homes. On January 11, Mr. Gaikwad filed the affidavit stating that 124 children are studying at the Home for Mentally Deficient Children. It also said, from 2018-2019, the Sarva Shiksha Abhiyan is called “Samagra Shiksha.” However, the additional government pleader said the statement is “completely incorrect” and that “only seven boys and two girls are attending the school”.

Asha Bajpai, the amicus curie in the case, also said only nine children are attending the school. The court recorded that Mr. Gaikwad made a false statement under oath and directed him to file an affidavit to explain as to why no action should be initiated against him.

Ms. Bajpai told the court that provisions of the RPWD Act have not been implemented. She pointed out that the Mumbai Municipal Corporation schools on higher floors are inaccessible to disabled children, there are insufficient teachers in the Sarva Shiksha Abhiyan, and hardly any implementation of the Chunauti model that the court had directed to be replicated in the State, she said.

The court directed the State to file a fresh affidavit stating steps taken to replicate the Chunauti model and implement the SSA complying with provisions of the Act, and adjourned the matter to March 8.