Guidelines and Policies

Rights and Facilities Available to the Persons with Autism Spectrum Disorder in India


Government Schemes and Programmes

The Constitution of India includes persons with disabilities generically within the universal categories of person and citizen. Consequently, in accordance with The Constitution of India, and Rights of Persons with Disability Act 2016, there are several government schemes and programmes that can be availed by a person with disability in India. Mentioned below are the schemes and programmes that are relevant to people with autism and their families


The most frequently asked questions is about the rights of persons with autistic spectrum disorder in India. People also ask about schemes run by the government for the welfare of people with ASD. The Rights of Persons with Disabilities Act 2016 comprehensively covers the affected people. Autism is considered one of the 21 recognized disabilities under this act.

As a result, all the rights and facilities provided by RPWD Act are available to the autistic people as well. However, after some research have collected more specific information in this regard. Rights and Facilities Available to Persons with Autistic Spectrum Disorder.


Separate law for the persons with ASD

Although RPWD Act 2016 has come into force, there is a special institution for persons with ASD created by a national law. The National Trust is a statutory body of the Ministry of Social Justice and Empowerment, Government of India, set up under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act (Act 44 of 1999).


Health insurance for the persons with ASD - The National Trust has launched the Niramaya Health Insurance Policy which provides a health insurance cover of up to Rs. 1,00,000 to the persons with ADS, Cerebral Palsy, mental retardation and multiple disabilities.


Housing for the persons with ASD -GHARAUNDA scheme of the National Trust provides affordable assured housing and minimum quality care for the entire life of the persons with ASD.


Making children with ASD ready for school --DISHA Centers have been setup for early intervention and to provide support to the children with ASD and their families. Children from 0 to 10 years of age are covered under this scheme. One of the aim of these centers is to make the children with ASD ready to attend school.


Education and vocational training of the persons with ASD -The GYAN PRABHA scheme of the National Trust provides monetary assistance to the persons with ASD in order to motivate them for pursuing graduation/post graduation and vocational course.

The RPWD Act 2016 mandates that all children with disabilities between 6 and 18 years will be provided with free education.

These are only some of the facilities that are available to the persons with Autism Spectrum Disorder (ASD). All persons with ASD should get their UDID Cards made — so that they can avail the schemes offered by the government.

Guidelines and Policies for the Autistics

Autism has been recognized as one of the disabilities under Section 2 of the National Trust Act read with Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act 1995 .1 in 500 or 0.20% or more than 2,160,000 people in India. Incidence Rate: Approx. 1 in 90,666 or 11,914 people in India.


The Constitution of India includes persons with disabilities generically within the universal categories of person and citizen; it does not even mention disability in the prohibited grounds. Consequently, in accordance with The Constitution of India, and Rights of Persons with Disability Act 2016, there are several government schemes and programmes that can be availed by a person with disability in India. Mentioned below are the schemes and programmes that are relevant to people with autism and their families. To avail all the schemes mentioned below it is mandatory to have a disability certificate. Though currently there is no disability certificate being issued just for autism, people who want to avail any schemes can opt to take the disability certificate for Autism with MR (Mental Retardation).

The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities

The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities was constituted by the Central Government as a legal entity. This was set up in the year 2000. The objectives of the Trust is to enable and empower persons with disability, facilitate support to registered organizations, deal with problems of disabled persons who do not have family support, promote measures for their care and protection in the event of loss of parents and guardians, evolve a procedure for appointment of guardians and trustees so that equal opportunities, protection of rights and full participation of such persons is ensured. The National Trust has several schemes and programmes available for persons with autism and their families. Some basic information about some of these schemes are detailed below. The details are accessible at www.thenationaltrust.co.in

Samarth Scheme

This is a Scheme for residential services, both short term (Respite Care) and Long Term (Prolonged Stay). This scheme provides for residential facilities. In addition, activities include early intervention, special education or integrated schools, open schools, pre-vocational and vocational training, employment oriented training, recreation, sports etc. To know more, click here.

GHARAUNDA (Group Home And Rehabilitation Activities for Disabled Adults)

The National Trust was setup in the context of parents’ worries that what will happen to their children with special needs when they are no more. In order to provide a sustainable solution to this rather difficult problem, GHARAUNDA -a scheme of Lifelong Shelter & Care was conceived. GHARAUNDA seeks to provide an assured minimum quality of care services for persons with autism throughout the life at an affordable price on a sustainable basis; encourage assisted living with independence and dignity and facilitate establishment of requisite infrastructure for the assured care system throughout the country. To know more, click here.

Niramaya (Health Insurance Scheme)

This is a unique health insurance scheme for persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities. This scheme provides comprehensive cover irrespective of type of disability, without any selection or exclusion criteria of the pre-existing condition. An applicant may receive insurance cover up to Rs. 1 lakh with a single premium across age bands. Services covered range from regular medical check-up to hospitalization, therapy to corrective surgery, transportation, repetitive medical intervention as an in-patient, pre & post hospitalization expenses, and cashless hospitalization in empaneled hospitals, reimbursement of claims in case of OPD services and treatment through non-empaneled hospitals. To know more, click here.

VIKAAS Day Care

A day care scheme for persons with autism, cerebral palsy, mental retardation and multiple disabilities, above 10 years for enhancing interpersonal and vocational skills. To know more, click here.

Income Tax concessions

Under Section 80U, in case of Person with Disability (at least 40%) deduction of Rs 75,000 /- is allowed. In case of Person with Severe Disability (80% of one or more disabilities) deduction of Rs. 1,25,000/- is allowed.

Under Section 80DD – Deduction of Rs 75,000 (Person with Disability of at least 40%) and Rs 1,50,000 (Person with Disability of 80 % or more) in respect of maintenance including medical treatment of a dependent who is a person with disability.

To know more, click here.

Travel Concessions

Railways allow disabled persons to travel at concession fares up to 75% in the first and second classes. Escorts accompanying blind, orthopedically and mentally handicapped persons are also eligible to 75% concession in the basic fare. Submission of disability certificate may be required.

Hotel Discounts

All India Tourism Development Corporation (ITDC) hotels in India offer 50% discount on room rent, and do not charge extra for the accompanying person / attendant i.e. 50% on single room tariff for double room. In addition, there is a 30% discount on food on the a-la-carte menu. It would be necessary to carry a disability certificate to the hotel.

Rehabilitation Council of India

The Rehabilitation Council of India Act 1992 (amended 2000), has set up an apex body to enforce uniform standards for human resources development in the field of rehabilitation of persons with disabilities in the country, enhancing the responsibilities of standardizing and regulating the training including a component on research in the area of rehabilitation and special education. To know more, click here.

Sources:

Divyang Sarathi

Divyang Sarathi is a one-stop destination for all information regarding Department of Empowerment of Persons with Disabilities (Divyangjan). It provides details about various Indian laws, local rules and regulations, guidelines, government schemes and employment opportunities for people with disabilities. The app also has a text-to-voice conversion software that converts written information into an audio file.

In 2016, Prime Minister Narendra Modi said that people with disability should not be called ‘viklang’ which translates to disability. He coined the term ‘divyangjan’ for the disabled, which means ‘the divine’. He also renamed the Department of Empowerment of Persons with Disabilities as the 'Divyangjan Sashaktikaran Vibhag' in Hindi.

Autism IAP National Guidlines Module

(Click), http://www.rehabcouncil.nic.in/writereaddata/autism.pdf

Autism: A General Summary - Legal Service India

Autism and Law


The Constitution of India has given the Fundamental Rights to the people with autism. It secures them a right of justice and they can enjoy equality of status in the community.

  1. Article 14- They like every citizens of India are equal before the law.

  2. Article 15(1) - The Government cannot discriminate any Indian including the person with autism on the ground of religion, caste of sex.

  3. Article 15(2)- Every citizens including the people with disability cannot be discriminated on any grounds for the access of any public places.

  4. Article 17- Autistic people cannot be treated as untouchable which is a punishable offence.

  5. Article 21- Every person has a right to life and liberty. It also includes right to education for the children with autism in the age group of 6 to 14.

  6. Article 23- Prohibition of forced labour.

  7. Article 24- Prohibition of employment of children under the age of 14 years.

  8. Article 32- A person with autism or any disability can seek constitutional remedy and can move to the Supreme Court by filing Writ Petition.

  9. Article 300A- No person shall be deprived of the right to property.

Under Sections 80DD and 80U of the Income Tax Act 1961 states that people with disability have the right to enjoy earnings of tax concession. The Mental Health Act also provides various rights to people with disabilities

For Further Information Visit this Link

https://www.legalserviceindia.com/legal/article-4342-autism-a-general-summary.html#:~:text=Autism%20and%20Law&text=Article%2015(1)%20%2D%20The,access%20of%20any%20public%20places.

GOVERNMENT SCHEMES& PROGRAMMES

There are several government schemes and programmes that can be availed by a person with disability in India. The schemes and and programmes that are also relevant to people with autism and their families are mentioned below.

To avail of all these schemes it is mandatory to have a disability certificate. The Government of India has notified guidelines for the evaluation of the disabilities and procedure for certification. Though currently there is no disability certificate being issued just for autism, people who want to avail of these schemes can opt to take the disability certificate for Autism with MR(Mental Retardation).

The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 was constituted by the Central Government as a legal entity, and was set up in the year 2000.

The objectives of the Trust is to

  1. enable and empower persons with disability

  2. facilitate support to registered organizations

  3. Deal with problems of disabled persons who do not have family support

  4. promote measures for their care and protection in the event of loss of parents and guardians

  5. evolve a procedure for appointment of guardians and trustees so that equal opportunities, protection of rights and full participation of such persons is ensured.


The schemes available under The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 are

Spandan (Special Performance Awards)

Spandan is the new name given to the National Trust Awards for special performance in different sectors by people with disabilities. The Awards have been given a new name ‘SPANDAN’, which means pulsating, dynamic or vibrant. The Awards provide a new vibrancy to the registered NGOs and other stakeholders of the National Trust. The Special Performance Awards for contributing to the National Trust Centric Disabilities (SPANDAN), from here on, has a fewer number of Awards but bigger prize money. The awardees are selected through a jury of eminent people from scores of nominations from across the country. This year on, National Trust would recognise men and women achievers exclusively in the sector.


Samarth Scheme (for residential services)

Group Home And Rehabilitation Activities Under National Trust Act for Disabled Adults (to address parents’ concerns about what after them)

Niramaya(Health Insurance Scheme)

GyanPrabha(Scholarship) Scheme

UddyamPrabha(Financial Incentive) Scheme

Arunim(marketing initiatives for products made by persons with disabilities)

Wage employment in Private sector

Self-employment

Income Tax Related Exemptions

Employees Provident Fund

Hotel Discounts

Travel Concessions

Education

Telecommunication (Preference In Allotment of STD booths / PCO)

Policies from Life Insurance Corporation of India

View details of these schemes here Government Schemes and Benefits.

Visit The National Trust website http://www.thenationaltrust.co.in for more information on these.


Autistic children to finally get disability certificates after a wait of 15 years

After a wait of 15 years, the government has finally paved the way for giving disability certificates to autistic children.

For the first time in India, a medical board constituted by the government would use scientifically developed tools to identify autism cases and give disability certificates. Though the government had notified autism as a disability in 2001, it had not been issuing certificates. Now, the department of persons with disabilities (DePwD) under social justice and empowerment ministry has notified guidelines to pave the way for constitution of boards and issuing of disability certificates. Confirming this to ET, DePwD joint secretary Awanish Kumar Awasthi said, “We have notified new guidelines on Monday under which disability certificates would be given to autistic children. This is a major initiative which would help in education and jobs.”The issuance of disability certificate had been a controversial issue. Autism has been recognized as one of the disabilities under Section 2 of the National Trust Act read with Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act 1995. While the former legislation lays down constitution of a trust, the latter Act only covers the categories of disabilities.

Read more at:

https://economictimes.indiatimes.com/news/politics-and-nation/autistic-children-to-finally-get-disability-certificates-after-a-wait-of-15-years/articleshow/52011831.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

The Inclen Trust International

Government of India Guidelines for certifications of Autism for the first time ever:

Autism is condition of uneven skill development primarily affecting the communication and social abilities of aperson, marked by reetitive and and ritualistic behavior.


1.The Department has notified the guidelines for certification of Autism for the first time on 26 April 2016.

2.For identification of Autism cases INCLEN Diagnostic tools shall be used.

3.Based on identification of Autism cases, certification of Autism shall be issued on the basis of Indian Scale of Autism Assessment (ISAA) tools

4.The appropriate government shall constitute Autism Certification Medical Board comprising of a Pediatrician/Pediatric neurologist, a clinical Psychologist or Rehabilitation Psychologist, and a Psychiatrist.

For Futher details please visit: http://www.disabilityaffairs.gov.in

Disha

(Early Intervention and School Readiness Scheme)

This is an early intervention and school readiness scheme for children upto 10 years with the disabilities covered under the National Trust Act.

About the Scheme

About the Scheme

  • Early intervention and school readiness scheme.

  • Children in the age group of 0-10 years are eligible.

  • Provision of Therapies, trainings and providing support to family members.

  • Day-care facilities to PwD for at least 4 hours in a day.

  • Batch size 20 PwDs.

  • RO should maintain a ratio of 1:1 for LIG (including BPL) and above LIG PwDs.


Scheme Description

This scheme aims at setting up Disha Centres for early intervention for Person with Disability (PwD) in 0-10 years of age covered under the National Trust Act, through therapies, trainings and providing support to family members. Registered Organization (RO) should provide following minimum facilities in their Disha Centre:

I. Day Care


Click here to download the scheme

Minimum standard of Disha

Click here to Enroll Now

Vikaas

(Day Care)

A day care scheme for persons with autism, cerebral palsy, mental retardation and multiple disabilities, above 10 years for enhancing interpersonal and vocational skills.

About the Scheme

  • Day care scheme, primarily for enhancing interpersonal and vocational skills.

  • Provision of caregiving support to PwD is in centre.

  • Helps in supporting family members of the PwDs to get some time during the day to fulfil other responsibilities.

  • Day-care facilities to PwDs for at least 6 hours in a day along with age specific activities.

  • RO should maintain a ratio of 1:1 for LIG (including BPL) and above LIG PwDs.

  • Batch size 30 PwDs.

  • Scheme will be available in the entire country

Scheme Description

This scheme aims at setting up Vikaas Centres for welfare of PwDs. Registered Organization (RO) should provide at a minimum following facilities in their Vikaas Centre:

II. Day Care


Click here to download the scheme

Minimum standard of Vikaas


Click here to Enroll

SAMARTH


Respite Care

A scheme to provide respite home for orphans, families in crisis, Persons with Disabilities (PwD) from BPL, LIG families with at least one of the four disabilities covered under the National Trust Act.

About the Scheme

  • Respite home for orphans or abandoned, families in crisis and also for Persons with Disabilities (PwD) from BPL & LIG families including destitute

  • Opportunities for family members to get respite time in order to fulfil other responsibilities.

  • Group home facility for all age groups with adequate and quality care service with acceptable living standards including provision of basic medical care from professional doctors.

  • Batch size 30 PwDs.

  • RO should maintain a ratio of 1:1 for LIG (including BPL) and above LIG PwDs.

  • Scheme will be available in the entire country

Scheme Description

This scheme aims at setting up Samarth Centres for providing respite and residential care of the specified categories of Persons with Disability (PwD). Samarth Centre should provide at a minimum following facilities:

  • Group Home

Click here to download the scheme

Minimum standard of Samarth

Click here to Enroll Now

GHARAUNDA


Group Home for Adults

This scheme provides housing and care services throughout the life of the person with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities.

About the Scheme

  • An assured home and minimum quality of care services throughout the life of the PwD.