Autism Spectrum Disorder

Rights In India for Autistic Children with Special Needs

All the children with special needs must have the right to education, employment, social security and health benefits among other special aids like their non-autistic counterparts. The rights of autistic child in India provide him/her with the best valuation of the disorder through a team of doctors, psychologists, and trained therapists or service providers.

The government of India offers several legal rights and protections to citizens with autism spectrum disorder. They ensure that all are treated justly and have access to all services entitled by others.

For the right to free and appropriate education, the law places the child in an appropriate educational setting, where they are integrated into different schools according to the severity of the symptoms. Those with mild or moderate disabilities may be integrated into normal schools, whereas children with severe autism spectrum disorder are enrolled in special schools. For children with learning disabilities, remedial classes and vocational courses are provided by special schools.

The Constitution of India provides equal rights to every legal citizen. This also applies to people irrespective of their caste and disabilities (physical or mental).

The Rights

The rights of autistic child in India guarantee many fundamental rights, of which some of them are highlighted as:

  1. The Constitution of India secures for the disabled or autistic person a right of justice, liberty, belief, and worship. They also can enjoy equality of status in the community.
  2. According to article 15 (1), the Government does not discriminate against any Indian citizen, including those with disabilities like autism spectrum disorder, on the ground of religion, caste or sex.
  3. Article 15 (2) states that Indian citizens (including those with various disabilities and disorders) shall not be restricted, on any grounds, and access to places dedicated to the general public. People, including women and children, belonging to the Scheduled Castes & Tribes are given the benefit through special laws.
  4. Autistic people cannot be treated as an untouchable. This offence is punishable. Every person has his life and liberty guaranteed.
  5. Forced labor and employment of children below the age of 14 years (including those with autism and other disabilities) is a punishable offence.
  6. No disabled person can be forced to pay any taxes.
  7. Every person with disabilities has the right to move the Supreme Court for his/her fundamental rights.
  8. A disabled person, including those with autism, can own/inherit property just like those without disabilities. An unauthorized deprivation of their property can be challenged or brought to court.

Education Law

For those with autism spectrum disorder, the Government of India provides the right to education. Children, including those with autism, cannot be denied admission into any educational institution receiving aid from the State funds. The Constitution provides free and compulsory education for them until they complete 14 years of age.

Health Law

The health laws or Acts in India provide health provisions for people with disabilities and special needs. According to the Mental Health Act – 1987, a person with neuro-development disorder or disabilities must be treated like any other sick person in a normal and pleasant environment. In certain cases, legal aid is provided at State expense.

Judicial Protection

For the protection of legal rights, in respect of the property of a disabled person (incapable of taking action or making a statement), the Court appoints a legal advisor to deal with the matter on behalf of the person with autism or disability.

Apart from health care, employment, and financial assistance, insurance coverage is also provided for government employees with disabilities.

Comments

  1. My six year old son is a child with special needs and is undergoing special educationat dehradun but my organization a govt bank out of vendetta against me has purposely transferred me to down south coimbatore Tamilnadu. It is very difficult for me to help my son in his rehabilitation as his special educator and environment can’t be changed. I approached honourable high court of uttarakhand still the bank is not accepting my representation even after being advised by the honourable high court of uttarakhand. This is going to badly affect my sons future. My wife is working with SBI so she is also not available from morning till evening to attend my son. Please suggest a remedy. Regards

  2. My close relative have an autistic child and would like to know if we could get any support for his education. His age is 12 and from Kolkata

  3. In government services, Indian railway Children education allowance given double the rate of normal child than disable child, but for autism or mental disorder the child academic performance will be poor so their class are repeated, they can’t be cross primary or middle so the children education allowance will not be given if child repeat the class but this condition is for normal child not disable child. What is the rule for Disabled?

  4. What can be tried in school if the school is receiving fund for autistic child has a different cell in the school but still the school management denies to involve autistic child in certain activities in spite of giving a written permission by the parents

  5. We stay in Mumbai and my daughter has ASD who is 14 and during covid we went to Delhi which is my hometown. When we came back in June the special school that she was going to denied admission stating there is no place. After that I visited several special schools and everyone saying the same thing. What can we do in such a case?

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