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:
Autism: Government Schemes and Programmes, Vikaspedia, 2022
Schemes, The National Trust
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.
Article 14- They like every citizens of India are equal before the law.
Article 15(1) - The Government cannot discriminate any Indian including the person with autism on the ground of religion, caste of sex.
Article 15(2)- Every citizens including the people with disability cannot be discriminated on any grounds for the access of any public places.
Article 17- Autistic people cannot be treated as untouchable which is a punishable offence.
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.
Article 23- Prohibition of forced labour.
Article 24- Prohibition of employment of children under the age of 14 years.
Article 32- A person with autism or any disability can seek constitutional remedy and can move to the Supreme Court by filing Writ Petition.
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
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 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:
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
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
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
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
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.
Adequate and quality care service with acceptable living standards including provision of basic medical care from professional doctors.
Vocational activities, pre-vocational activities and assistance for further training.
Batch size 20 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 Gharaunda Centres for life long shelter and care of Persons with Disability (PwD) covered under the National Trust Act. Gharaunda Centre should provide at a minimum following facilities:
I. Group Home
NIRAMAYA
Health Insurance Scheme
This scheme is to provide affordable Health Insurance to persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities.
Renewal and Enrollment of beneficiaries under Niramaya is open throughout the year. Kindly contact the nearest Registered Organisation
About the Scheme
Affordable Health Insurance to PwDs.
Health insurance cover of up to Rs. 1.0 lakh.
Facility for OPD treatment including the medicines, pathology, diagnostic tests, etc, Regular Medical checkup for non-ailing disabled, Dental Preventive Dentistry, Surgery to prevent further aggravation of disability, Non- Surgical/ Hospitalization, Corrective Surgeries for existing Disability including congenital disability, Ongoing Therapies to reduce impact of disability and disability related complications, Alternative Medicine.
Transportation costs.
No pre-insurance medical tests required.
The scheme will be available in the entire country .
Scheme Description
The scheme envisages delivering comprehensive cover which will
Have a single premium across age band
Provide same coverage irrespective of the type of disability covered under the National Trust Act
Insurance cover upto Rs.1.0 lakh , on reimbursement basis only.
All persons with disabilities under the National Trust Act with valid disability certificate will be
eligible and included.No pre-insurance medical tests
Treatment can be taken from any hospital.
Niramaya’s Health Insurance Scheme Revised Benefit Chart (on Reimbursement Basis only w.e.f.April, 2022)
NIRAMAYA' HEALTH INSURANCE SCHEME REVISED BENEFIT CHART
SAHYOGI
Caregiver training scheme
A scheme to set up Caregiver Cells (CGCs) for training and creating skilled workforce of caregivers to care for Person with Disabilities (PwD) and their families.
Click here to download the scheme
Click here to Download Syllabus & Guidelines
Sample certificate for Care Associate
Modification in the Sahyogi Scheme
About the scheme
Setting up Care Associate Cells (CACs).
Provide training and create a skilled workforce of care associates to provide adequate and nurturing care for Person with Disabilities (PwDs) and their families who require it.
It also seeks to provide parents an opportunity to get trained in caregiving if they so desire.
Provide a choice of training through two levels of courses primary and advanced.
PRERNA
Marketing Assistance
A marketing scheme to create viable & wide spread channels for sale of products and services produced by persons with autism, cerebral palsy, mental retardation and multiple disabilities.
About the scheme
Prerna is the marketing assistance scheme with an objective to create viable and widespread channels for sale of products and services produced by PwDs.
This scheme aims at providing funds to participate in events such as exhibitions, melas, fairs, etc. to sell the products made by PwDs.
The scheme also provides an incentive to the Registered Organisation (RO) based on the sales turnover of the products.
The National Trust shall fund RO participation in national, regional, state and district level events such as fairs, exhibitions, melas etc. for marketing and selling products and services prepared by PwDs.
At least 51% of employees of these work centres should be PwDs covered under National Trust Act.
DISHA cum VIKAAS
Day Care Scheme
For the Registered Organisations, who were implementing multiple schemes, an option for implementing merged scheme was given. Based on the consent given by the ROs and the scheme guidelines, these ROs were allotted the merged Disha-cum-Vikaas Scheme
SAMARTH cum GHARAUNDA
Residential Scheme
For the Registered Organisations, who were implementing multiple schemes, an option for implementing merged scheme was given. Based on the consent given by the ROs and the scheme guidelines, these ROs were allotted the merged Samarth-cum-Gharaunda
SAMBHAV
Aids and Assistive Devices
This is a scheme to setup additional resource centres in each city, to collate and collect the Aids, software and other form of assistive devices.
About the scheme
Setup an additional resource centre, in each city of the country.
Collate and collect the Aids, software and other form of assistive devices developed with a provision of display and demonstration of the devices.
Maintaining information, pertaining to aids and assistive devices present at Sambhav centre, on the National Trust website.
Provide information and easy access to devices, appliances, aids, software etc.
Display and demonstration of the devices to the concerned stakeholders
BADHTE KADAM
Awareness, Community Interaction and Innovative Project
This scheme supports Registered Organisations (RO) of The National Trust to carry out activities for increasing the awareness of The National Trust disabilities.
About the Scheme
Badhte Kadam aims at community awareness, sensitisation, social integration and mainstreaming of Persons with Disabilities. It has below mentioned objectives:
Raise awareness in the public, regarding Person with Disability (PwD) covered under the NationalTrust Act and encourage their inclusion in the society, social integration and participation of persons with disabilities in all aspects of life.
Disseminate information on preventive strategies for the disabilities under the National Trust Act,1999
Sensitize community stakeholders
Publicize and maximize benefits of the National Trust schemes for Registered Organization(RO),PwDs and for families of PwDs.
Increase representation in remote areas and in areas where the National Trust is under represented
Spread awareness about myths and misconceptions about disability, disability etiquette etc.
SELF ADVOCACY PROGRAMME (Action For Autism)
Empowering the person with autism is at the core of all activities undertaken at AFA. Helping the person with autism understand the world around them, equipping them with means to communicate to the best of their abilities, helping them navigate social situations with success, leading them to independent and productive futures are all part of this process of empowerment. Equally important is the effort to help people with autism understand their rights, and be able to speak about their journeys, the triumphs and travails, and advocate for their rightful place in society.
Self-advocacy is possibly the most powerful form of advocacy. However, when one considers a condition like autism, the nature itself makes self-advocacy a daunting task. Gathering and organising one’s thoughts, being able to communicate the same in forums that necessitate understanding and coping with social rules can be extremely challenging for even a very able person with autism. That is probably why until a few years back, there were just a handful of autistic self-advocates across the world. The situation has changed in the recent past, where we have seen far more individuals with autism, primarily from the more developed nations, speak about their experiences and be vocal about their needs and rights.
In India and South Asia, self-advocacy amongst people with autism is still at a very nascent stage. Apart from the inherent difficulties that people with autism face to become self-advocates, the general stigma that our society attaches to disabilities is an added deterrent to self-advocacy which is often discouraged by families.
The various self-advocacy programmes run at AFA take into account all these factors and works around them to facilitate young people and adults with autism to become self-advocates. The programmes encourage active participation of the individuals, empower them as active citizens, make them aware of their role in creating their own future, and promote their equal rights and opportunities. The programmes also include helping families become comfortable about their children speaking about their autism. ‘Different...and proud of it’, the AFA mantra, is the belief that we hope to empower our self- advocates with as they give a ‘first person’ voice to a largely voiceless sector.