The Notion of Inclusion and Related Ideas

The term ‘inclusion’ has been used widely in scholarly discourses and policy debates. It has also been the focus of practitioners working with persons with disabilities, including children, and those working with marginalized sections of society. However, the notion of inclusion, especially inclusive education, has evolved over the years and has multiple interpretations. Inclusion is also conceptually and empirically linked to the ideas of disability, disadvantage, equality, non-discrimination, and equity. This article attempts to discuss the notion of inclusion and related ideas, and draws attention to potential areas of work.

Idea of Inclusive Education

The usage of the term ‘inclusive education’ is relatively more recent in the Indian context. The Report of the Education Commission (1964-66), popularly known as the Kothari Commission Report, significantly shaped the education policy landscape. However, it did not use the term ‘inclusive education’. The Commission used the phrase ‘equalisation of education opportunity’ to reaffirm the social objectives of education, values of social justice, and the role of education in guaranteeing an egalitarian society.

It recognized the presence of inequalities of educational opportunities, particularly in the context of the ‘handicapped’, girls, and the ‘backward classes’ including the Scheduled Castes, Scheduled Tribes, denotified communities, and nomadic and semi-nomadic groups.

For each of these groups, the Report broadly suggested a two-fold strategy of ‘integration’ into general programs of education expansion and improvement, and ‘special’ provisions focusing particularly on education needs of the specific group.

This goal of ‘equalisation of educational opportunity’ was subsequently included in National Policy on Education 1968. Thereafter, the National Policy on Education, 1986 and the Program of Action, 1992 also called for special efforts to be made to address different disadvantaged groups, including the minorities.

The idea of equalization of educational opportunity was operationalized through different programs and schemes for different groups. Almost fifty years ago, the term ‘integrated education’ came to be expressly used with the central government scheme promoting integration of children with mild and moderate disabilities into regular schools.

The 2009-10 revisions of the scheme continued using the same term, although it aimed to enable primary and secondary education of children with disabilities in an ‘inclusive and enabling environment’. Although the term ‘inclusive’ was not explained, the scheme referenced international commitments like the Salamanca Statement and Framework for Action on Special Needs Education (1994), the Biwako Millennium Framework for Action (2002), and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) (2006).

The RTE Act requires all authorities to ensure that there is a nondiscriminatory school environment…

The Salamanca Statement and Framework for Action was a landmark document. It pushed the imagination of inclusive education beyond the disability-focus. It emphasized the need for fundamental and radical shifts in education policy and paradigm as well. It suggested a guiding principle that “schools should accommodate all children regardless of their physical, intellectual, social, emotional, linguistic or other conditions … schools have to find ways of successfully educating all children, including those who have serious disadvantages and disabilities”.

It also recognized that “human differences are normal and that learning must, accordingly, be adapted to the needs of the child rather than the child fitted to preordained assumptions regarding the pace and nature of the learning process.” It highlighted the importance of child-centered pedagogy.

Rather than the child having to adjust and fit-in a school, “inclusive schools need to respond to diverse learning needs and accommodate differences in learning styles and pace by developing appropriate curricula, teaching strategies and offering a continuum of support services to children”. This idea of inclusive schools has been a powerful one, and has greatly influenced advocacy work on how schools should be imagined.

Inclusive education, as such, has not been defined by international covenants. But Article 24 of the UNCRPD recognizes the right of persons with disabilities to education and the State obligation to provide an inclusive education system at all levels, without discrimination and on the basis of equal opportunity. Subsequently, the General Comment 4 on this provision issued by the Committee on Rights of Persons with Disabilities in 2016 held that inclusive education is a fundamental human right, a principle that values the well-being of all students, respects their inherent dignity and autonomy, and acknowledges individuals’ requirements and their ability to effectively be included in, and contribute to, society.

In the Indian context, the phrase ‘equitable and inclusive education’ is used in the National Education Policy, 2020. It recalls the role of education in achieving social justice and equality. In addition to specific measures for full inclusion and equity for all Socially and Economically Disadvantaged Groups (SEDGs), it calls for change in school culture, changes in school curriculum, and sensitization of the school education system. This loosely aligns with the idea of inclusion purported under the Salamanca Declaration.

Disabilities, Disadvantages, Equality, Non-discrimination and Equity

A closer reading of the above-mentioned national and international commitments shows that the idea of inclusion is closely linked to the ideas of disabilities and disadvantages (who is the target group) and the ideas of equality, non-discrimination, and equity (what is the state obligation).

Disabilities and Disadvantages – The target of inclusive education is not limited to children with disabilities but includes children with certain disadvantages as well. The definitions of these terms provided under international covenants and national legislation give a useful explanation of these categories. According to the preamble of UNCRPD, “disability is an evolving concept and … [it] results from the interaction between persons with impairments and attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others” implying that disability does not refer to a medical condition but is created due to the barriers that hinder equal participation of some categories of persons.

It further defines those with disabilities as having long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others (based on Article 1 of UNCRPD). The Rights of Persons with Disabilities Act (RPWD) (2016) was framed on the same lines as the UNCRPD and uses the same definition. However, the RPWD Act also provides for a category of ‘benchmark disability’ which includes those having not less than forty percent of disability, from a list of 21 specified disabilities.

In the Indian context, the phrase ‘equitable and inclusive education’ is used in the National Education Policy, 2020.

What is important to note here is that disability implies presence of barriers and the specified list of disabilities provided in the Schedule can be amended by the central government. Although persons with disabilities also face multiple disadvantages, the idea of disadvantage is different and defined under the Right of Children to Free and Compulsory Education Act (RTE) (2009). This Act says “child belonging to disadvantaged group” means “a child with disability or a child belonging to the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification.”

The state governments have further defined additional categories of children that fall under this category vide the State Rules under the RTE Act. These prescribed categories are similar to those acknowledged under the Kothari Commission and are referred to in the policy documents with the explicit aim of ‘equalisation of educational opportunity’. Thus, as per the idea of inclusive education proposed by Salamanca Declaration, children who are defined as having disabilities as well as disadvantages would be entitled to inclusive education. Inclusive schools would be those that cater to the learning needs of children with disabilities and those with disadvantages.

Equality, Non-Discrimination, and Equity – If inclusive education is a right, it is important to identify what are the obligations of the state. The state has a duty to respect the right by recognizing it in its legislation, which it has done by way of adopting the RTE Act and the RPWD Act. The state also has the duty to protect the right from being violated by others, as well as the duty to fulfill the right by taking measures and making provisions for realization of the right. As per the RPWD Act, the government is required to make provisions that would allow persons with disabilities to enjoy their rights on an equal basis, receive equal protection and safety, have a right to equal recognition before law and enjoy equal opportunity.

Similarly, non-discrimination is recognized in both the RPWD Act as well as the RTE Act to protect equality of those with disabilities and disadvantage, respectively. The RPWD requires the government to ensure that there is no discrimination in terms of distinction, exclusion, restriction that curtails the enjoyment of rights and freedoms of persons with disabilities. The RTE Act requires all authorities to ensure that there is a non-discriminatory school environment and discrimination or harassment of children from disadvantaged backgrounds is eliminated.

If the government is committed to inclusive education, it would have to go beyond mere enrollment of all children in its schools.

However, the right to equality and nondiscrimination requires the state to protect the rights-holders and ensure that transgressions do not take place. It does not require the state to fulfill or do anything proactively to bring children with disabilities and disadvantages into the schools, or provide additional resources that will enable inclusion.

It is in this context that the idea of equity becomes critical when talking about inclusive education. Equity is neither mentioned or defined in any of the international frameworks, including UNCRPD and Salamanca Declaration, nor is it mentioned or defined in national legislation like RTE Act or RPWD Act. Even the Kothari Commission Report and the national policy frameworks refer to equality of opportunity and not equity.

Thus, the law does not seem to see equity as being integral to the realisation of inclusive education. Equity is understood as fairness. But in relation to inclusive education, it would require governments to recognize that children with disabilities and disadvantages do not have a level playing field because they have to struggle with barriers as well biases. It would require governments to not only open schools for all, but also provide additional resources for those who are fighting barriers and biases. It requires not only provision of equal opportunities, but additional support that will help all children to participate equally.

Potential Areas of Work In the Indian context, the understanding of inclusive education is yet to be fully operationalized. Although legislation has adopted the language used in the international commitments, it falls short of actual translation of the rhetoric into practice. For example, post-Salamanca and UNCRPD, the Sarva Shiksha Abhiyan mentioned inclusive education. But this was limited to the ‘zero-rejection’ policy, whereby no child could be rejected from a government school. However, ‘zero rejection’ only protects children from being removed from a school. It neither requires schools to become inclusive nor does it make the experiences of the children who are ‘included’ in the school enjoyable and wholesome.

If the government is committed to inclusive education, it would have to go beyond mere enrollment of all children in its schools. It would require an extensive exercise of educational planning that pays special attention to infrastructure, curricula, teacher training, learning resources, assessments, and taps the expertise and experience of special schools, parents, and organizations of persons with disabilities. Given that the idea of inclusive education goes beyond disabilities and also includes disadvantages, it would be particularly important to focus on the needs of those with multiple disadvantages and provide for their equitable participation in schooling.