April 2 is World Autism Acceptance Day. This event aims to highlight the hurdles that people with autism face every day. It is a growing health issue which needs more understanding. It is an occasion to celebrate the unique talents, achievements and accomplishments of those living with autism and to think of their rights, and more particularly the need for their inclusion in education and in the workplace.

Autism, also known as Autism Spectrum Disorder, originates in the brain and relate to social interactions, language, and behavior. It is a specified disability and more particularly referred to as ‘intellectual disability’ in The Rights of Persons with Disabilities Act, 2016. It is explained in the Act as meaning a neuro-developmental condition typically appearing in the first three years of life that significantly affects a person’s ability to communicate, understand relationships and relate to others, and is frequently associated with unusual or stereotypical rituals or behaviors. Consequently, a child with autism may face difficulties with learning, socialization, communication, and performing the routine functions of daily life.

Every human being is equally valid, beautiful and justifiable. The American Author, Joseph P. Shapiro, in his Book “No Pity” presents vividly the ability of the differently-abled to overcome their disability. The first sentence of the Book says, ‘non-disabled Americans do not understand the disabled ones.’ They are mostly seen as objects of pity and apathy, instead of sympathy. We forget that they have equal hopes, rights and aspirations. They want to brave their disabilities and try to be independent, self-reliant and to be their own masters. They want to be trusted, treated and counted as valuable members of the society.

Autism is not a misfortune or tragedy. Though referred to as ‘intellectual disability’, in practice, it speaks more of an ability to face the challenges in life. Everyone living with autism would be asking the question, I may be one, but definitely not the only one; may not be able to do everything in the same manner, but definitely can do many things in the most beautiful manner. I will do those things that I can do in a beautiful manner.  By this thinking, they manifest their intense desire to live a fulfilling life.

Bestow a little attention

Every country has constitutional, statutory and international obligation to protect the rights of the differently-abled. Their rights are much more important than the rights of other persons. They have the right to accessibility and reasonable accommodation. Constitution of India through Article 41 obligates the State to provide public assistance during times of disablement.  Section 34 of the Rights of Persons with Disabilities Act, 2016 mandates one per cent reservation in public employment for persons with benchmark disabilities from the category of autism, intellectual disability, specific learning disability and multiple disabilities.

The progressive and commendable Judgment of the Supreme Court in Jeeja Ghosh (2016) has made the lives of the disabled meaningful in this country by expressly recognizing their right to accessibility and reasonable accommodation. This was a case in which the Supreme Court directed a Private Airline Company to pay Rs.10 lakhs as compensation to a differently-abled passenger who was deplaned from the aircraft due to her disability, despite having had a valid boarding pass.

The forward-thinking tone of the Judgment thereafter became the law of the land and is being applied frequently in situations of denial of accessibility and reasonable accommodation to the differently-abled.   A little care, sensitivity and positive attitudes from the society and fellow beings can often mitigate the hardships and sufferings of the differently-abled.

The Supreme Court has again showered a bonanza of hope when it held in the same case that differently-abled persons with prosthetic limbs should not be asked to remove the prosthetics at airport security checks. Court noted that lifting a person with disability during air travel or security check-up is inhumane and violates their human dignity and that this should be done only with the person’s consent. Court was considering the latest draft guidelines on ‘Carriage by Air of Persons with Disability and/or Persons with Reduced Mobility’ issued by the Director General of Civil Aviation. The Bench, however, relegated to DGCA to determine how exactly the differently-abled persons should be accepted and treated with dignity during air travel.

The approach of the Guahati High Court in Arman Ali v. Union of India (2019) and of the Kerala High Court in Baby v. Hindustan Petroleum Corporation (2016) has attempted to wipe tears from the eyes of the differently-abled by empowering them with the right to accessibility and reasonable accommodation, whether it be accessibility to Gym facilities or LPG Distributorship.

Amazing inside personality

Disability is a state of mind. However, the disabled are not swayed by the mere eye of ‘disabled’. True they cannot use their entire body and mind to do things that are regular for others. They may have to live everyday with more mental and bodily struggles than others. This by itself is a special ability and it is the reflection of their amazing inside personality.

Sustainable Development Goal No.4 focuses on ensuring inclusive and equitable quality education and promoting life-long learning opportunities for all, as the foundation for improving people’s lives and reducing inequalities. The specific targets for SDG-4 refer to the need to ensure “equal access to all levels of education and vocational training” for persons with disabilities and building and upgrading education facilities that are disability- sensitive and that provide “inclusive and effective learning environments for all”.  Same sentiments are echoed in our National Education Policy, 2020.

Inclusive education must truly envisage a system of education wherein students with and without disability learn together and the system of teaching and learning process is suitably adapted to meet the learning needs of different types of students with disabilities.

Create paradise on earth

The UN Convention on the Rights of Persons with Disabilities, 2006 was adopted with the purpose of promoting, protecting and ensuring full and equal enjoyment of human rights and fundamental freedoms by all persons with disability and to promote respect for their inherent dignity. Article 2 of the Convention recognizes all types of disabilities such as physical, mental, intellectual, or sensory impairments which hinder their full and effective participation in society on equal terms with others.

The Convention ratified by 141 countries is based on the principles of respect for inherent dignity and individual autonomy and non-discrimination. The Convention focuses on the need to accept and respect persons with disabilities as part of human diversity and humanity, provide equality in matters of opportunity and accessibility and respect the capacities of differently-abled children and preserve their identities. The Convention has established a Committee on the Rights of Persons with Disabilities to act as an expert body to carry out the functions enumerated therein.

Article 24 of the Convention recognizes that persons with disabilities have the right to inclusive quality education on an equal basis with others and that reasonable accommodation of the individual’s requirements should be provided. This living promise should now become a reality.

Justice Krishna Iyer once said, it is the society that is guilty if anyone suffers unjustly.  There is no greater disability in society than the inability to see a person as he is.  Every person with disability is an individual. Disability can be in any form. Being disabled should not mean being disqualified from having access to every aspect of life. Respecting the disabled is the true measure of civilization. Attacking people with disability is the lowest display of power, which shows that we are really disabled in spirit. Nelson Mandela asserted: Disabled children are equally entitled to an exciting and brilliant future. Let able, differently- able and all people together create paradise on earth. Let us not leave any one behind.

(The writer is a prominent Lawyer, an acclaimed writer and a distinguished academician based in Kochi)