Following
an Right to Information query to the Ministry of Social Justice and
Empowerment, on compliance to the UN convention regarding autism, we
received a response saying that “cerebral palsy is covered under
the PWD Act, 1995, and autism is covered under National Trust Act”.
(Letter No. 32-79/2008-DD.III dated 12 January 2009) We thus,
understand that safeguarding the interests of people suffering from
autism in India under the National Trust Act is the responsibility of
the National Trust and compliance to the UN Convention on the Rights
for Persons with Disability with regard to autism is also under the
supervision of National Trust. If we have misunderstood the legal
position in India in any way, do tell us the exact position in this
regard.
Please
provide us the following information pertaining to the welfare of
people with autism in India and initiatives taken in compliance to
the UN convention on the Rights of Persons with Disability. The
UN Convention in article 4.1. (a) says “to adopt all appropriate
legislative, administrative and other measures for the implementation
of the rights recognized in the present Convention”
Q.1.
What legislative, administrative measures have been taken for
betterment of persons with autism till the date of this application
towards implementation of the Convention?
The UN Convention in
article 4.1. (b) says “to take all appropriate measures, including
legislation, to modify or abolish existing laws, regulations, customs
and practices that constitute discrimination against persons with
disabilities”
Q.2. What modifications have been made in the existing laws and
regulations in this regard to address discrimination against persons
with autism? Q
3. What steps have been taken till date of this application to identify
customs and practices that constitute discrimination against persons
with autism? Which of these customs and practices have been modified
or, abolished? Kindly share the details of procedures which has been
adopted for this?
The UN Convention in
article 4.1.(e) says “to take all appropriate measures to eliminate
discrimination on the basis of disability by any person, organization
or private enterprise”
The UN Convention in
article 4.1.(f) says “to undertake or promote research and development
of universally designed goods, services, equipment and facilities,
which should require the minimum possible adaptation and the least cost
to meet the specific needs of a person with disabilities, to promote
their availability and use......”
The UN Convention in
article 4.1.(g) says “to undertake or promote research and development
of, and to promote the availability and use of new technologies,
including information and communications technologies, mobility aids,
devices and assistive technologies, suitable for persons with
disabilities, giving priority to technologies at an affordable cost”
Q.7. Details
of availability of Information and Communication Technologies, devices
and assistive aids made available to people with autism in India? What
funds have been allocated towards this for autism? What benefit a
person with autism could get from the technology? What number of people
with autism are presently using these in India?
The UN Convention in
article 4.1.(h) says “to provide accessible information to persons with
disabilities about mobility aids, devices and assistive technologies,
including new technologies, as well as other forms of assistance,
support services and facilities”
Q.8. What
efforts have been taken to provide information to persons and
caretakers about assistive technologies? What funds have been allocated
in this direction?
The UN Convention in
article 4.3. says “In the development and implementation of legislation
and policies to implement the present Convention, and in other
decision-making processes concerning issues relating to persons with
disabilities, States Parties shall closely consult with and actively
involve persons with disabilities, including children with
disabilities, through their representative organizations.”
Q.9. Who are the people involved in development and implementation of
legislations and policies to implement the present Convention? Kindly
provide us their names and addresses and details of their disability?
Details of which organizations have been involved, and what is their
area of work?
The UN Convention in
Article 6.2. says “States Parties shall take all appropriate measures
to ensure the full development, advancement and empowerment of women,
for the purpose of guaranteeing them the exercise and enjoyment of the
human rights and fundamental freedoms set out in the present
Convention.”
Q.10. What
special initiatives have been taken to ensure full development,
advancement and empowerment of women suffering from autism for the
purpose of guaranteeing them the exercise and enjoyment of the human
rights and fundamental freedoms?
The UN Convention in
article 7.1 says “States Parties shall take all necessary measures to
ensure the full enjoyment by children with disabilities of all human
rights and fundamental freedoms on an equal basis with other children.”
Q
13. What number of children (upto 14 years of age) suffering from
autism are availing medical treatment in India? Kindly provide details
of number of male and female children.
The UN Convention in
article 7.1 says “ States Parties shall take all necessary measures to
ensure the full enjoyment by children with disabilities of all human
rights and fundamental freedoms on an equal basis with other children”
Q.15. Kindly
furnish me details of inclusion of these children in normal schools.
How many children with the disability autism are in normal schools
studying with other normal children? How many of them are male and
female? They constitute what percentage of total children with autism
in India?
The UN Convention in
article 7.2 says “ In all actions concerning children with
disabilities, the best interests of the child shall be a primary
consideration.”
Q.17. In continuation to the above question 15, what special teaching learning material is in use for these children?
The UN Convention in
article 7.3 says “States Parties shall ensure that children with
disabilities have the right to express their views freely on all
matters affecting them, their views being given due weight in
accordance with their age and maturity, on an equal basis with other
children, and to be provided with disability and age-appropriate
assistance to realize that right.”
Q18. What aid and assistance has the Indian state provided to people with autism, to help them express themselves? Q19. Are the persons with autism being provided aid and assistance in the form of communication support or other devices?
The UN Convention in
article 8.1. (b) says “To combat stereotypes, prejudices and harmful
practices relating to persons with disabilities, including those based
on sex and age, in all areas of life Q.20. What is the process to identify prejudices and harmful practices as mentioned in the above Article?
The UN Convention in
Article 8.2.(iii) says “To promote recognition of the skills, merits
and abilities of persons with disabilities, and of their contributions
to the workplace and the labour market” Q.22.
Kindly provide us details of activities undertaken for complying to
this article. As a result of these activities, what numbers of persons
with autism in India have been employed in different sectors? Kindly
provide details of sectors where they are employed? The UN Convention article
9.1 says “To enable persons with disabilities to live independently and
participate fully in all aspects of life, States Parties shall take
appropriate measures to ensure to persons with disabilities access, on
an equal basis with others, to the physical environment, to
transportation, to information and communications, including
information and communications technologies and systems, and to other
facilities and services open or provided to the public, both in urban
and in rural areas. Q.23. What steps have been taken by the National Trust in order to address the above article? The UN Convention in
Aticle 9.2.(e) says “ States Parties shall also take appropriate
measures to provide forms of live assistance and intermediaries,
including guides, readers and professional sign language interpreters,
to facilitate accessibility to buildings and other facilities open to
the public”
Q.25. Kindly
provide me details of such services as mentioned in article 9.2.(e) for
people with autism. What kind of assistance, intermediaries,
interpreters are provided to people with autism in public places like
hospitals, schools, hotels and restaurants, museums, zoo, planetarium,
and other places interest? Kindly furnish number of people for
assisting them in each of such places in India.
The UN Convention in
Article 9.2.(g) says “ States Parties shall also take appropriate
measures to promote access for persons with disabilities to new
information and communications technologies and systems, including the
Internet”
Q
32. What steps have been taken in this direction? What number of people
with autism have taken the benefit of these till the date of this
application?
The
UN Convention in Article 9.2.(h) says “ States Parties shall also take
appropriate measures to promote the design, development, production and
distribution of accessible information and communications technologies
and systems at an early stage, so that these technologies and systems
become accessible at minimum cost.”
Q
34. What steps have been taken in this direction? What number of
children with autism in India have taken the benefit of these till the
date of this application?
The UN convention in
Article 11 says “States Parties shall take, in accordance with their
obligations under international law, including international
humanitarian law and international human rights law, all necessary
measures to ensure the protection and safety of persons with
disabilities in situations of risk, including situations of armed
conflict, humanitarian emergencies and the occurrence of natural
disasters.”
Q
36. Kindly furnish details of efforts which have been made till date of
this application to comply with this requirement of the Convention.
The UN Convention in
article 12.3 says “States Parties shall take appropriate measures to
provide access by persons with disabilities to the support they may
require in exercising their legal capacity.”
Q
37. What measures have been taken to meet the above article? If, till
date no steps have been taken to comply with this article, what is the
plan for this?
The UN Convention in
Article 13.2 says “In order to help to ensure effective access to
justice for persons with disabilities, States Parties shall promote
appropriate training for those working in the field of administration
of justice, including police and prison staff.”
Q.39.
What number of trainings have been provided to those in the field of
administration of justice, including police and prison staff for
ensuring effective access to justice for persons with disabilities and
in particular for persons with autism? Kindly share the details of date
of the programme and number of people who have attended the programme?
The UN Convention in
Article 16..1 says “States Parties shall take all appropriate
legislative, administrative, social, educational and other measures to
protect persons with disabilities, both within and outside the home,
from all forms of exploitation, violence and abuse, including their
gender-based aspects.”
Q
40. Kindly furnish details of efforts which have been made till date of
this application to comply with this requirement of the Convention.
The UN Convention in
Article 16.2. says “States Parties shall also take all appropriate
measures to prevent all forms of exploitation, violence and abuse by
ensuring, inter alia, appropriate forms of gender- and age-sensitive
assistance and support for persons with disabilities and their families
and caregivers, including through the provision of information and
education on how to avoid, recognize and report instances of
exploitation, violence and abuse. States Parties shall ensure that
protection services are age-, gender- and disability-sensitive.”
Q
41. Kindly furnish details of efforts which have been made till date of
this application to comply with this requirement of the Convention, for
people with autism.
The UN Convention in
Article 16.3. says “In order to prevent the occurrence of all forms of
exploitation, violence and abuse, States Parties shall ensure that all
facilities and programmes designed to serve persons with disabilities
are effectively monitored by independent authorities.”
Q.42. Which
independent body/authority has been formed for ensuring all facilities
and programmes designed to serve persons with disabilities, in
particular for people with autism? Kindly provide contact details of
this body?
The UN Convention in
Article 16.4. says “States Parties shall take all appropriate measures
to promote the physical, cognitive and psychological recovery,
rehabilitation and social reintegration
of persons with disabilities who become victims of any form of
exploitation, violence or abuse, including through the provision of
protection services. Such recovery and reintegration shall take place
in an environment that fosters the health, welfare, self-respect,
dignity and autonomy of the person and takes into account gender- and
age-specific needs.”
Q43.
Kindly furnish details of efforts which have been made till date of
this application to comply with this requirement of the Convention, for
people with autism.
The
UN Convention in Article 20.(d) says “Encouraging entities that produce
mobility aids, devices and assistive technologies to take into account
all aspects of mobility for persons with disabilities.”
Q44.
What assistive technology has been till date of this application been
designed for people with autism? How many people in India are currently
taking benefit of these assistive technologies? Q45.
Which groups/bodies have been supported for producing mobility aids,
devices and assistive technologies for people with autism? What funds
have been allocated in each plan year and expenditure been incurred for
each plan year?
The UN Convention in
Article 24.5. says “States Parties shall ensure that persons with
disabilities are able to access general tertiary education, vocational
training, adult education and lifelong learning without discrimination
and on an equal basis with others. To this end, States Parties shall
ensure that reasonable accommodation is provided to persons with
disabilities.”
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