‘Specially Abled Child’ gets justice after one year of ‘negligence’ by school

Disability Commission orders DPS Srinagar to pay medical expenses, scholarship to the student

Mudasir Maqbool

Srinagar: The Court of Chief Commissioner for Persons with Disabilities (CCPD) has directed the Delhi Public School in Srinagar to pay compensation to a visually impaired student, who was severely injured in the school last year after the institute’s bus hit him following the negligence by the teacher in charge.

The commission issued the order following a complaint by the student’s father and ordered the principal to pay the compensation immediately.

As per the order, the Commissioner has taken a strong note of the matter following a complaint and asked the school to reimburse all medical expenses undertaken by the parents for treatment of the injury caused due to this accident as well as a full scholarship to the student till such time he continues in the school.

The court also directs that on no account the child should be dismissed from the school and/or harassed by the respondent on this account.

The 11-year-old Ayaan Zaffar, who was born with low vision, has been left bedridden for the last one year after he was disabled in an accident inside his school premises.

A student of Delhi Public School, Athwajan Srinagar, Ayaan, was walking inside the school premises from one department to another when he was hit by a school bus, reads a complaint filed by his parents before CCPD.

Ayaan’s parents allege that the school and the concerned teacher is responsible for his condition as he was left unattended despite his visual impairment.

”His class teacher told him to go by himself to collect a book. While crossing a small lane within the school compound, he was hit by the school bus and left physically disabled,” alleged Ayaan’s father, Dr Zaffar-ul-Rehman, who is a dentist.

“His teacher told him to walk on ahead when she knew he couldn’t see clearly”, he said.

“He is not able to move independently now as the accident leads to nerve damage of his right leg”.

Ayaan’s parents said they had borne considerable medical expenses in getting him treated in hospitals in Mumbai and Chennai and wanted the school to take some financial responsibility.

“My son had a visual disability but now he has become a wheelchair user, and this is due to the teacher’s negligence”, Dr Rahman said. “We only want justice so that we save our child’s future”.

Ayaan’s parents told the India Bulletin that appeals to the police and school authorities have gone unheard for long.

They finally turned to Disability Welfare Trust, a Srinagar-based NGO, that has promised to get the issue heard.

Following their intervention, the Chief Commissioner for Persons with Disabilities has taken note of the matter and asked the school authorities to pay compensation.

Under the Rights of Persons with Disabilities Act 2016, children with disabilities are entitled certain protections especially after the removal of Article 370, these laws are applicable to Jammu and Kashmir as well. Inclusive education is an important component of the Act.