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Legal Rights

RPWD Act 2016 — Plain Language Guide

What the Rights of Persons with Disabilities Act means for autistic individuals and their families in India

"The law is on your side. Understanding it is the first step to using it."

What is the RPWD Act 2016?

The Rights of Persons with Disabilities Act, 2016 (RPWD Act) is a landmark Indian law that replaced the older Persons with Disabilities Act of 1995. It significantly expanded the rights of persons with disabilities and is aligned with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India has ratified.

The most important change for autism families: Autism Spectrum Disorder is explicitly listed as a recognised disability under this Act. This means your child is entitled to all the protections and benefits it provides.

Key Rights Under the RPWD Act

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Right to Inclusive Education

Every child with a disability has the right to free and appropriate education in an inclusive environment. No school can deny admission on the basis of disability. Schools must provide reasonable accommodations and develop Individualised Education Plans (IEPs).

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Right to Employment

Government establishments must reserve at least 4% of vacancies for persons with benchmark disabilities. Autistic adults are entitled to apply under these reservations. Private employers are encouraged (though not mandated) to provide equal opportunities.

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Right to Healthcare

Persons with disabilities are entitled to free healthcare in government hospitals and priority access to medical services. States are required to develop specific programmes for early identification and intervention of disabilities including autism.

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Unique Disability ID (UDID) Card

Every person with a disability is entitled to a UDID card issued by the Central Government. This card is your child's official proof of disability and is required to access most government benefits, reservations, and schemes. Apply online at swavlambancard.gov.in.

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Right Against Discrimination

No person with a disability can be discriminated against in education, employment, or access to public spaces. Anyone who harasses, discriminates against, or exploits a person with a disability can face legal action under this Act.

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Grievance Redressal

Every district must have a Grievance Redressal Officer. Every establishment with more than 20 employees must have an Equal Opportunity Policy. If your rights are violated, you can file a complaint with the District Disability Rehabilitation Centre (DDRC) or the State Commissioner for Persons with Disabilities.

How to Get Your UDID Card

  1. Visit swavlambancard.gov.in and register online
  2. Upload your child's disability certificate from a government hospital
  3. Submit a recent photograph and proof of address
  4. Your application will be reviewed by a medical board
  5. The UDID card will be issued and mailed to your address

ASFSN can assist you with the UDID application process. Visit us at Khatima or call +91 75059 08833.

Complaint Process — Step by Step

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