Legal Provisions in IndiaEducationSign Language Role of Sign Language Interpreters

What we will cover …

Look at the current legal provisions in India relating to the Deaf in the areas of:– Education– Sign Language– The role of Sign Language interpreters

Consider what is lacking

Legal Provisions in India

The Constitution of India– Prior to 1995 there was no ‘disability status’– Remedies had to be sought under the principles of

the Constitution– All statutes derive from the constitution– Where statutes fall short due to the limitations of

their provisions the constitution can be invoked

The Constitution of IndiaRelevant Articles

Right to Equality (Article 14) Right to Affirmative Action and Positive

Discrimination (Articles 14, 15 and 16) The right to life (Article 21)

– Including the right to live with human dignity Directive Principles of State Policy

– Some of these specifically mention rights of persons with disabilities

The Persons with Disabilities Act 1995

This Act outlines the rights to be provided to people with disabilities, and how the Government will provide these rights

Provisions of the Act are applicable to people with hearing impairment which is defined as a “loss of sixty decibels or more” (s.2(l))

Yet the provisions of the Act is lacking with regard to the Deaf and Hard of Hearing

The Act provides for 1% reservation in government jobs for people with hearing impairment (s.33(ii))

But no mention at all about:– sign language in schools– Appropriate signage– Interpreters in all public forums– The need for research in communication methods

Education

The PWD Act reserves 3% seats for disabled students in all Government educational institutions

Every child with a disability should have access to free education until 18 years (s. 26(a))

Promotes research into developing new assistive devices, teaching aids and materials (s. 28)

Promotes teacher training programmes (s. 29)

Mandates that the Government should prepare a comprehensive education scheme (s. 30)

This includes the restructuring of the curriculum for the benefit of hearing impaired children – they only have to take one language! (s. 30(h))

Education of the Deaf

Yet despite the legislation the state of education of the deaf is extremely poor

Teaching in deaf schools is not adequate Mainstream schools remain closed to deaf

pupils due to attitudes and communication barriers

Sign Language

Unlike other countries ISL has no status in Indian education

ISL not standardised across India Few efforts made to understand the nature of

Indian Sign Language Some efforts to compile Indian Sign Language

dictionaries – but often not much more than 2000 words

Yet Sign Language used by the deaf certainly consists of more than that!

Sign Language Interpreters

Major concern is to break down communication barrier

But no current legislation on this No mention in the PWD Act about sign

language or the provision of sign language interpreters in schools and public forums