ORDER

Mr. V.K. Tankha, learned senior counsel, who was requested to go and visit the home made for the mentally retarded persons, i.e., Asha Kiran, has given his suggestions, a copy of which shall be served within three days on all the concerned parties. Mr. Colin Gonsalves, learned senior counsel appearing for the petitioner submitted that he has perused the suggestions and he will file a convenience volume of suggestions and serve a copy on the learned counsel for the parties and thereafter the comprehensive directions can be issued. Mr. Gonsalves has also filed a report of some members of the Advisory Committee of Asha Kiran. A copy thereof be served on all concerned with a week from today. Response thereto, if any, be filed within four weeks after the date of service.

At this juncture, we may note with profit that the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act, 1995 (for short, the 1995 Act') defines 'disability' under Section 2(i) of the Act which reads as follows :

“(i) 'disability' means--

(i) blindness;

(ii) low vision;

(iii) leprosy-cured;

(iv) hearing impairment;

(v) locomotor disability;

(vi) mental retardation;

(vii) mental illness.”

Section 25 castes a duty on the appropriate Government and local authorities to take certain steps for the prevention of occurrence of disabilities. It reads as follows :

“25. Appropriate Governments and local authorities to take certain steps for the prevention of occurrence of disabilities.—Within the limits of their economic capacity and development, the appropriate Governments and the local authorities, with a view to preventing the occurrence of disabilities, shall-

(a) undertake or cause to be undertaken surveys, investigations and research concerning the cause of occurrence of disabilities;

(b) promote various methods of preventing disabilities;

(c) screen all the children at least once in a year for the purpose of identifying "at-risk" cases;

(d) provide facilities for training to the staff at the primary health centres;

(e) sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be disseminated information for general hygiene, health and sanitation;

(f) take measures for pre-natal, parental and post-natal care of mother and child;

(g) educate the public through the pre-schools, schools, primary health centres, village level workers and anganwadi workers;

(h) create awareness amongst the masses through television, radio and other mass media on the causes of disabilities and the preventive measures to be adopted.”

Section 26 to 31, which occur in Chapter V whcih deals with Education, read as follows :

“26. Appropriate Governments and local authorities to provide children with disabilities free education, etc.--The appropriate Governments and the local authorities shall-

(a) ensure that every child with a disability has access to free education in an appropriate environment till he attains the age of eighteen years;

(b) endeavor to promote the integration of students with disabilities in the normal schools;

(c) promote setting up of special schools in Government and private sector for those in need of special education, in such a manner that children with disabilities living in any part of the country have access to such schools;

(d)endeavor to equip the special schools for children with disabilities with vocational training facilities.

27. Appropriate Governments and local authorities to make schemes and programmes for non-formal education, etc.--The appropriate Governments and the local authorities shall by notification make schemes for-

(a) conducting part-time classes in respect of children with disabilities who having completed education up to class fifth and could not continue their studies on a whole-time basis;

(b) conducting special part-time classes for providing functional literacy for children in the age group of sixteen and above;

(c) imparting non-formal education by utilizing the available manpower in rural areas afte