Employment and job reservation for PWD including Autistic Individuals.

" People with physical or mental disability are not only among the most deprived human beings in the world, they are also, frequently enough, the most neglected." - Amartya Sen
Estimates of persons with disabilities (PWDs) in India vary greatly depending on the source. The 2001 census found 21.91 million disabled persons (2.13 % of the population), but there are serious constraints of methodology, definition, invisibility and social stigma in census estimates. Using more inclusive definitions and methodologies, the World Bank (2007)1 estimates that disabled persons are anywhere between 4 to 8% of India’s population, or about 40-90 million persons. But direct spending by the government on the disability sector has been merely 0.05 to 0.07% of its budget.
There are multiple laws in India that provide and protect the rights of people with disability in India. These are the
- National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (NTA 1999),
- National Mental Health Act, 1987 (NMHA 1987),
- Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD 1995)
- The Rehabilitation Council of India, Act 1992 (RCI 1992)
There are several laws and enactment enforced from time to time in our country , however nobody concerned about empowering and enabling the basic , higher and professional and/or vocational education to the persons with disability and therefore even after seven years of issuing of Office Order by the concerned Ministry no positive effect felt in the society for upliftment of PWD and their associated families.

According to the NAC there should be a single National Disability Commission, and State Disability Commissions, on the lines of National Commissions for other socially disadvantaged groups, such as Women, Children, Minorities, SC and ST. Much thought would need to go into the composition of these bodies, ensuring due representation to PWDs across a wide range of social categories, PWD collectives, associations of parents and guardians of PWDs, human rights organisations and NGOs working with PWDs.
One may see the latest notification  from Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training , GOI as per link given below.

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36035_6_2012-Estt.Res.-14122012.pdf

Forrum For Autism Letter to Chairman , CBDT

forumforautism

REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, 1860 VIDE REGN. NO. 31/2002

REGISTERED UNDER THE INDIAN TRUST ACT,1950 VIDE REGN. NO. F 23880, 11/4/2002

2^nd floor, Block A, Jyeshtaram Baug, Dr.Ambedkar Rd, Dadar, Mumbai 400014.

forumforautism@hotmail.com

Advisory Committee: Dr. Vrajesh P. Udani Dr. Vibha Krishnamurthy Dr. Anjali Joshi Ms. Merry Barua

Monday, December 3, 2007 To Chairman , CBDT, North Block, Lok Nayak Bhavan , Delhi- 110 003. Dear Sir , Sub : Tax Relief u/s 80DD through TDS & allowing the scheme of “Jeevan Aadhar” of LIC for children with Autism/Cerebral Palsy. Autism is a lifelong biological condition that affects the normal development of the brain, It is said to affect one out of every 200 individuals, and features commonly found in autistic individuals include learning difficulties, obsessive interest and need for routine, and body movements or "tics". Often times motor coordination is an issue as well or the individual may be nonverbal. Autism is neurological disorder, and is not a psychological condition. There is no known cure for Autism. In the “Autistic Spectrum”. Are: Autism, HFA (High Functioning Autism), Asperger's Syndrome, and PDD-NOS (Pervasive Developmental Disability. The National Trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities Act, 1999 provides for the constitution of a body at the national level for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities and for matters connected therewith or incidental thereto. As we know our Hon. Finance Minister in the budget for the year 2004-05 had extended the benefit of Section 80DD and Section 80U in respect of persons suffering from autism, cerebral palsy and multiple disability. We are also indebted to him that the same benefit is enhanced to Rs.75000/- from the Assessment year 2006-07 onwards. As per your latest circular number 11/2006 [F.No.275/192/2006-IT (B)] it is observed that tax relief under section 80DD is allowed subject to assessee furnishing a copy of certificate issued by the medical authority in the prescribed form and manner, along with the return of income under section 139, in respect of the assessment year for which the deduction is claimed.

Forum for autism 2

Due to the above-mentioned wordings in the circular, the employers are unable to consider providing this relief through TDS and adjust the relief in the form 16.

It is also observed that due to certain technical difficulties (benchmarking of IQ level) the LIC’s best policy for differently-abled children and individuals is not allowed and affected parents having children affected by autism, cerebral palsy, MR and Multiple Disabilities are not getting chance to take this scheme of LIC although Govt. of India already acknowledged them as severe disability.

This is our humble request to your department and personally to you to look into this problem and assist us in the following manner.

1) Amending suitably the wordings of the Act so as to enable the employers to provide the benefit of tax relief u/s 80 through Tax Deduction at Source reflecting the same in Form-16.

2) To relax and amend the requirement of LIC’s “Jeevan Aadhar” policy so that parents having children with such severe disability can subscribe to this plan.

3) To enhance the amount of relief under section 80DD suitably in the forthcoming budget so as to provide financial empowerment to the affected families.

Sir, benefit can only become useful if the same is passed on to the families at the right time and hence my earnest request is to consider the above-mentioned issues sympathetically for the purpose of empowerment of affected parents in our country.

Finally a last word, please help these Autistic Children and their parents and family members from the world apathy and isolation to a journey of sympathy and inclusion.

Sincerely yours,

( Chitra Iyer )

President

Forum For Autism

Mumbai

cc : Hon. Minister , Ministry of Social Justice and Empowerment ,

Shastri Bhawan , Dr. Rajendra Prasad Road , New Delhi – 110 001

cc : Hon. Minister , Ministry of Finance ,

19, Safdarjung Road , New Delhi – 110 011.

Followup communication from and to Ministry

since the subject under the allocation of business rules concerns the ministry of social justice only that ministry has the right to form any committee on this subject. i find that mrs. poornima singh, joint secretary looking after disabilities is the appropriate official to get in touch. you may find her email id on the website of the ministry of s j and e. i could find out her telephone number which is 011-23387924. i also understand that a separate act called the national trust act (on autism and cerebral palsy) is also being enforced by that ministry. the trust has an independent chairperson. in the ministry of human resource development, all issues concerning autism at the elementary and secondary schooling level is handled by the department of school education and literacy and those relating to access and equity issues in higher education and universities is the responsibility of the department of higher education. you may like to get in touch with either of the departments with specific concerns in their respective areas. however, since education is but one of the sectoral issues that affect the rights of persons with autism, the nodal ministry namely the ministry of social justice and empowerment (official referred to above) should be in a position to help. if there are any further queries in regard to higher education, let me know.
sunil kumar
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On Mon, 06 Aug 2007 amit.bardhan@sci.co.in wrote :

Dear Shri Sunil Kumar,
Firstly thanks for the mail dated 04th August 2007 attached below.

I found your reference in the webpage under MoHRD.
Relevant site address : http://darpg-grievance.nic.in/

Please be apprised the sequence of communication in this matter
as given under:

a) On 20th Nov. 2005 , our Forum For Autism written the letter to
Mr Arjun Singh,Minister of Human Resource and Development.
b) On 23rd December 2005 , PMO sent the same to Secretary ,
M/O HRD for action as appropriate. [ No.83834 dtd 23-12-2005 ].
c) President of Forum For Autism , Mumbai received two copies of
letters , one forwarded to Chairman , CBSE and another to Director
DD , MoSJ&E.

As the matter clarified in FFA's letter dated 20-11-2005 needs attention
from education and social justice ministry and may be Group of Ministers
required to be constituted for addressing several complex issues pertaining
to tackling and rehabilitation of Autism and the people affected by Autism , we
were not sure with whom we are supposed to follow up.

As we have written M/O HRD initially and still believe that inclusive education
and more inclusive employment environment would be a possible choice
of solution in the long run , we sincerely request to put some attention on
this matter. Appreciate your patient and advice about the right person with
whom we should follow up.

Thanks & Regards,

Amit Bardhan
Parent of an affected child having 'Autism'

#######################################################

"Sunil Kumar" sunilkumarkurup@rediffmail.com

08/04/2007 06:21 PM To
amit.bardhan@sci.co.in

cc
Please respond to
"Sunil Kumar" Subject
Re: F.No. 14-19/2004-IE and PMO Ref No. 83834 dated 23-12-2005

dear shri bardhan,
i have gone through your mail. since the subject of your grievance is under a different ministry - social justice and empowerment - i am afraid, i can
not comment on what could perhaps be done in terms of the PWD (Equal Opportunity, Full Participation and Protection of Rights) Act, 2005. i can
however remind the concerned authorities, if you could let me know with whom have you followed up in the ministry of social justice and empowerment.
on the website of that ministry, you would also find information on the director of public grievance of that ministry and how to reach that
person/official.
regards
sunil kumar

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On Tue, 31 Jul 2007 amit.bardhan@sci.co.in wrote :

Your Ref : F.No.14-19/2004-IE
Office Memorandum dated 13th March 2006

To
Shri Shunil Kumar
Joint Secreatry , Shastri Bhavan ,
"C" Wing , Room No. 215-C,
New Delhi - 110001


Dear Sir/Madame,
Am writing on behalf of NGO and Parents Support Group in Mumbai named "Forum For Autism"whose letter dated 20-11-2005 had been acknowledged by Jacinta Jose , Under Secretary in Ministry of HRD on 13-03-2006 vide office memorandum to Director,DD,Ministry of SJ&E.

Till date we still did not get any response from Director,DD,MoSJ&E or any other competent
authority about the status of decision taken regarding mandate about setting up of Residential
Homes , Vocational Shelter Homes , Reservation of jobs for individuals affected by Autism
and related disorder.

Appreciate if some coomunication may be communicated to enable affected citizens to know
about the decision/mandate of the Govt. of India and its commitment towards these marginalised minorities who are falling under such severe disabilities.

Thanks and regards,
Amit Bardhan.
Mumbai,India
Date : 31-07-2007

Follow up letter of FFA's Petition to Ministry of Human Resources and Development , Govt. Of India.

To
Shri Champak Chatterjee,
Secretary , School Education and Literacy

Ministry of Human Resorces and Development
Govt. Of India, NewDelhi

Dear Sir,
Kindly refer the letter dated 13-03-2006 by Ms Jacinta Jose , Under Secretary of Ministry of HRD to the
Chairman of CBSE enclosing the representation from "Forum For Autism" enclosing PMO reference
No. 83834 dated 23-012-2005.
Your kind reference is also invited to the letter dated 13-03-2006 by Ms Jacinta Jose , Under Secretary
of Ministry of HRD to the Director , Ministry of Social Justice and Empowerment enclosing the
representation from "Forum For Autism" enclosing PMO reference No. 83834 dated 23-012-2005.
We solicit your intervention in the matter as there is no update / communication received about the
needful action taken in this regard.
Enclosed please find the scanned copy of 'Office Memorandum' received to our President,Forum For
Autism , Mumbai ; for your ready reference and kind perusal.

Thanks & Regards,
-sd/-

Amit Bardhan
Member , Forum For Autism

Autism in India - Is it a threat to India ?

Greetings to all readers of this blog.

The objective is to sensitise people of India about the condition of autism in India and to view the different kinds of perspectives associated with it.

There is a school of thought which believes that the autism is nothing wrong , it can not be ascribed to any disability. The condition of autism is nothing but a diffrent hardwiring of brain and efforts to cure them by available interventions will do more harm than any better.The children , adolescents/adults with autism are nothing but a different neurotypical healthy varioation of human being.

If that's considered to be true then the social discrimination at every stage of life by these children and their families would not have been so much in news especially in the recent time in one of the airport in India , a child 11 years old having autism had been barred to board the flight as he would cause harm and would cause threat to other passengers in the flight.

Keepin these in background , Parents Support Group , NGOs and other institutions working in the field of autism are working together and appealed to Prime Minister of India , the draft of which is presented below.

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To
Honorable
Prime Minister of India
New Delhi , India.

Dear Dr. Manmohan Singh,

I am a parent of a kid having autism and a member of a parents support group cum NGO/Charitable trust in Mumbai.I am requesting State Resolution for a Bill entitled to be an act for an Autism Spectrum Disorder Combat and Prevention in India.

Kindly refer our representation letter dated 20th Nov. 2005 which has been received at your good office on 21st Dec. 2005.I on behalf of 'Forum For Autism' acknowledge with thanks the copy of the letter dated 13th march 2006 from Ministry of HRD, Department of Secondary and Higher Education , IEDC addressed to Chairman of CBSE and Director, DD , Ministry of Social Justice and Empowerment which had been sent to us.

I sincerely believe that your good office will take all the efforts to address all the points mentioned in our letter dated 20th Nov. 2005 which had been signed by several hundreds parents , doctors and therapists in and around Mumbai , India.

As you know Autism is increasing its proportion in our country and as per statistics it is about one in every 200 persons in India. The alarming proportions by which it is rising can make India become the most populous country in the world having such neurological disorder.As the medical community unable to find any suitable cause for its root , the only way available is early detection and intervention by which the symptoms of unacceptable language and behaviour can be minimised.

The urgent need of today is also to identify the special skill which these children and adult with autism posses and to hone that skill to convert the same into some meaningful contribution to the society which can only make them self reliable and independent.

The issue is getting more importance in a scenario where our country is poised to become economic super power in line with China by the year of 2020 but still we Indians are inculcating the age old laws of civil aviation which bars the 11 year old autistic boy to board the flight as he would cause threats to co-passengers.Please keep in mind that we have approximately 4 million such children and adults are there by the year 2020 it can well cross 8-10 % of our population who will be falling under such category.

I earnestly request you to promulgate some act for the benefit of such children and for the benefit of all in the nation to combat and prevent such invisible outbreak which may pose a serious challenge in terms of social cost to the Govt. Of India.

I solemnly reiterate the need for an urgent review of all our points raised in the letter of 'Forum For Autism' dated 20th Nov.2005 which are again being attached for your ready reference.

1. Recognize Autism as a disability and include it under the Persons with Disabilities Act;

2. Include and integrate all children with any special needs, specifically autism, in schools (both Special Schools and mainstream schools);

3. Extension of concession for students with autism while appearing for the board examinations (for children continuing study in the mainstream school);

4. Setting up Vocational Centers, Residential Home and Reservation of Jobs for Individuals with Autism.

At the outset however i would like to congratulate you and the Ministry of Social Justice and Empowerment for the decision to amend the Persons with Disabilities Act 1995 (PwD Act). Its implementation in the last ten years has shown up the many areas for improvement in the Act. We trust that as a forward thinking government, the amendments will include changes in keeping with the report of the UN Convention for the Rights of Persons with Disabilities. The decision to invite suggestions from individuals and organizations for the amendments provides an opportunity to us to voice our views for bringing about the desirable amendments that can improve the Act and make it a fit instrument for social change.I have personally given suggestion to Mr Ashish Kumar ( the person concerned seeking advice for the amendment of PwD Act ) and hope that something will happen very soon.

Nevertheless i strongly believe that there is need for a separate law/Act in our country to prevent the spread of Autism and more effectively to sesitise the society at large to recognise the people having similar disorder with more dignity and not to look at them as merely people causing threat and other concern.

A person with autism who has an IQ of 76 or above is probably not able to hold a high paying job. If that person's family is not able to financially provide for a supported living arrangement when they are no longer around, that person may be forced out in the streets.

As the spectrum is very wide and the policy decision needs to be framed to cover all the sections of the community affected by autism.

Therefore, at the end i earnestly request your goodself to look into the possibility to introduce a special Act to stop discrimination as the children with autism and their parents feel the heat of discrimination in public places, in medical institutions, in educational institutions, in insurance schemes, in getting a Disability Certificate to name but a few.The children with autism and their families are the most underprivileged section of the country and i personally believe appropriate action would be taken by you and your good government.


Peacefully i remain here.

Sincerely,
-sd/-
(Amit Bardhan)

Mumbai,India
Date : 16-10-2006
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Anyone wishes to endorse the viewpoint by adding his/her signature
may please see the following URL :
http://www.PetitionOnline.com/ABPTNF01/petition.html