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:
- 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.
- 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.
- 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.
- Autistic people cannot be treated as an untouchable. This offence is punishable. Every person has his life and liberty guaranteed.
- Forced labor and employment of children below the age of 14 years (including those with autism and other disabilities) is a punishable offence.
- No disabled person can be forced to pay any taxes.
- Every person with disabilities has the right to move the Supreme Court for his/her fundamental rights.
- 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.
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
Why private school do not provide free education to autistics kids
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
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?
https://docs.google.com/document/d/1Ncq_MFptXnrg8MlreuyrTgHUoh78zpOTL1cvQia3VAU/edit
Click here to know Disabilty right in India
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
In India we have a law under Disability Act 2016 that no child is denied admission in school.
This the link from our website’s Legislation and support https://www.autismconnect.com/about-autism/disability-act-india please go through this link to know more in details.
I want to ask for a transfer to place where treatment is available, any law on this??
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?
In India we have a law under Disabilty Act 2016 that no child is denied admission in school
This the link from our website’s Legislation and support https://www.autismconnect.com/about-autism/disability-act-india please go through this link to know more in details.
Laws are there but who cares? My son is thrown out of school (one of the DPSs) just because he was reluctant to sit in the class for only few days. This is done with no written document. However, I am fighting back step by step as I realized if not for my son, things need to be stringent and the private school need to learn that they also need to follow the rules. The fight is for him and all the future autistic kids who will face the same problem in future. I need support from all of you. If you do not mind, please send your stories with your detail to dpd.deba@gmail.com. All these mistreated kids will appreciate it. Please note that, if required, I will go to court and use your stories for the case.
ask that school to provide written note that they are not taking admission of your child and with reason,
in gov right to sit in normal school, and it is mandatory to have special teacher and counsellor in each and every cbse & gov school
Same. Case is with my kids we pay fees for. The whole year but my kids was not sitting in class, one day he was. Missing from. Class he went to. 4th floor, the schools are not taking any responsibility… Finally my kid is at home and the therapies are. So so expensive that a normal person cannot afford
Can we all such parents connect those who are suffering from school , admission and education pls . It’s imp to help and support each other .
1. How an autistic child on the lower end of the spectrum go to the Supreme court? The provision should be that caregivers of an autistic child should be able to approach the Supreme court
2. There is no relief in any Law/policy/Act– which safeguards interests of working parents of severally autistic children despite that fact that care of such children is extremely daunting
Please check the following link if it may help: https://www.autismconnect.com/about-autism2/legislation-and-policies-to-support-autism
I request the gentlemen to provide me with the address/s of special ed schools in Dehradun for my autistic sibling. My email is abhaysupadhyay@gmail.com.
https://www.autismconnect.com/directory?country=India&state_name=Uttarakhand&city=Dehradun&category_id=53
My son has ADHD and has shown signs of ASD, speech delay as well, He is enrolled in the early intervention center and therapies are on going. The situation is my son still doesn’t sit at one place, roam, run and jump in the building passage, I live in Mumbai wherein my neighbors are not happy and have gone to police for this, on this police have also asked me to keep my door shut and don’t let the kid go out. My problem my son is hyper and I cannot keep him tied with chains. What are my son’s legal rights on this, Are police allowed to do this?