The Supreme Court has sought responses from the Centre on a petition alleging systemic neglect in supporting persons with autism and other neurodivergent conditions. The plea highlights poor implementation of welfare laws and lack of sensitisation in public services.
New Delhi: The Supreme Court on Friday, August 8, issued notices to the Central government and other parties on a petition that accused authorities of showing “institutional apathy” in ensuring the welfare of people with neurodivergent conditions like autism.
A bench of Justices B V Nagarathna and K V Viswanathan agreed to hear the matter, which claimed there was a “systemic failure” in implementing various laws meant to protect and help persons with autism, cerebral palsy, and multiple disabilities. These include the National Trust Act, 1999.
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The petition was filed by the organisation ‘Action for Autism’. Its counsel told the court,
“We seek to draw the urgent attention of your lordships to the persistent neglect, institutional apathy and failure of the respondents in upholding the constitutional, statutory and international obligation towards individuals with neurodivergent conditions like autism, dyslexia.”
The petitioner argued that the Ministry of Social Justice and Empowerment has also been made a respondent in the case because it is responsible for allocating funds and ensuring that they are properly used.
The bench responded,
“We will issue notice to the first five respondents (Centre and others). We will keep the states separately for the time being.”
The court then posted the matter for further hearing on August 29.
The petitioner’s counsel told the judges that an application for interim relief had also been filed, stressing that the matter required immediate attention.
He pointed out serious issues in the process of issuing the Unique Disability ID (UDID), saying there were no dedicated centres for this purpose.
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He added,
“It is very difficult for persons with autism, neurodivergent conditions even to travel unless and until urgent steps are taken to sensitise and also create the necessary conditions particularly, orientation of airlines crew, staffs at airport.”
The bench then asked the petitioner whether they had provided suggestions and mentioned examples of international practices to improve the situation.
The judges observed,
“PIL (public interest litigation) does not only mean you raise the problem.”
The counsel replied that such suggestions and examples were already included in the petition. He said that in many other countries, airport staff and security personnel at railway stations and metro stations are given special training so that they understand and can assist people with neurodivergent conditions.
He further said there have been numerous incidents in India where such persons were denied their basic rights during frisking or security checks.
Highlighting budgetary issues, the counsel said,
“Out of the country’s total budget, two per cent went to health, of which a mere two per cent was for mental health issues.”
He also informed the court that the number of persons with neurodivergent conditions in India is very large, even though the figures are underreported due to social stigma.
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Many people with autism, he noted, are highly talented, but their ability to communicate and interact socially is affected.
This case will now be taken up by the Supreme Court again on August 29, where the Centre and other respondents will have to file their replies.
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