'Go to policymakers, not implementers': Delhi HC Disposes of PIL Seeking Special Syllabus for Autistic Children
Addressing the litigant, Anish Sharma, Justice Gedela remarked, “This is a policy issue. You have to go to the policymakers, not the implementers";
The Delhi High Court on Wednesday, July 2, disposed of a Public Interest Litigation (PIL) seeking directions to the authorities for formulating specific guidelines and developing a special syllabus for children with autism.
A Division Bench of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela said, “Designing a syllabus and formulating a special policy lie in the realm of policy decisions to be taken by the appropriate government or public authority.”
Addressing the litigant, Anish Sharma, Justice Gedela remarked, “This is a policy issue. You have to go to the policymakers, not the implementers.”
The Court asked Sharma to make a detailed representation to the Government of India, Government of Delhi, CBSE, and other relevant education boards, outlining the specific concerns faced by autistic children, while also offering concrete suggestions backed by proper research.
“In our opinion, instead of rushing to this Court, the petitioner ought to have approached the concerned authorities for redressal of the grievances outlined in this petition. Accordingly, we dispose of the writ petition with liberty to the petitioner to make a detailed representation,” the Court said.
The bench added that once such a representation is submitted, the authorities concerned are expected to consider it and take an appropriate decision as permissible under law and in the interest of the education of children with autism.
During the hearing, the petitioner highlighted the difficulties faced by autistic children in accessing mainstream education. However, Justice Gedela asked the petitioner, “What exactly is the difficulty for a child with autism to get into the mainstream?”
To this, the petitioner responded that due to communication challenges and neurodivergence, children with autism often find it difficult to interact and cope with others.
Hearing this, Justice Gedela advised the petitioner to conduct further research, observing that children with autism are highly sensitive.
Accordingly, the Court disposed of the PIL and asked the litigant to make a representation to the relevant authorities.
Case Title: Anish Sharma versus GNCTD