What rights does Indian law give a child with autism?
Autism is a disability under Indian law. Your child has the right to equal treatment, health care and protection from abuse, and to free education until 18 if the disability is 40% or more. These rights come from the Rights of Persons with Disabilities Act, 2016, and other laws.
Rights of Persons with Disabilities Act, 2016
| Autism is a disability | Autism is listed as a disability in the Act (Schedule, 2(b)). 40% disability or more is a “benchmark disability”, which many benefits need (section 2(r)). |
|---|---|
| Equal treatment | No one may treat your child worse because of disability, unless the law allows a fair reason (section 3). |
| School | The law says schools run, funded or recognised by the government should admit children with disabilities without discrimination, and adjust to the child’s needs (section 16). |
| Free books, exam help | Free books, learning material and aids up to age 18 for a child with benchmark disability. Extra time in exams, a writer (scribe), and exemption from second and third languages (section 17). |
| Free education to 18 | A child with benchmark disability has the right to free education from 6 to 18, in a local school or a special school (section 31). |
| College seats | At least 5% of seats for people with benchmark disability in government and government-aided colleges, with 5 years’ age relaxation (section 32). |
| Government jobs | At least 4% of vacancies for people with benchmark disability. 1% is shared by autism, intellectual disability, specific learning disability, mental illness and multiple disabilities (section 34). |
| Support schemes | Where the government runs a scheme, help for people with disabilities must be at least 25% higher than for others. Schemes include a disability pension (within income limits) and a carer allowance for high support needs (section 24). |
| Health care | Free health care near home, especially in villages, within income limits, and priority in treatment (section 25). |
| Certificate | A disability certificate is valid across India. You can appeal if it is refused (sections 57 to 59). |
| Guardianship | An adult who cannot take legal decisions alone can get a limited guardian, who decides together with the person (section 14). |
| Protection | Insulting or frightening a person with disability in public to humiliate them, hurting them, or denying them food or water when caring for them, is a crime: 6 months to 5 years in prison, and a fine (section 92). |
National Trust Act, 1999
This law covers autism. A parent or relative can apply to the district Local Level Committee to appoint a guardian for a person with autism, and can ask for a guardian to be removed if they abuse or neglect the person (sections 2, 13, 14 and 17).
Right to Education Act, 2009
- Every child from 6 to 14, including a child with disability, has the right to free education in a local school (section 3, as amended in 2012).
- A child with severe or multiple disabilities may choose education at home.
- No child may be given physical punishment or mental harassment at school (section 17).
Mental Healthcare Act, 2017
This law does not cover autism itself. It covers mental health problems that a person with autism may also have, such as anxiety or depression. Everyone has the right to mental health care from government services. It is free for families below the poverty line, with or without a BPL card (section 18).
Other laws and policies
- Rehabilitation Council of India Act, 1992: only RCI-registered rehabilitation professionals, such as special educators, may practise. Ask for their RCI registration (section 13).
- National Education Policy 2020: follows the RPwD Act. Children can choose a regular or special school, and home-based education stays an option for severe disability. This is a policy, not a law.
- India ratified the United Nations Convention on the Rights of Persons with Disabilities on 1 October 2007. The RPwD Act gives effect to it.
How do I complain in Odisha?
- Odisha has its own rules under the Act: the Odisha Rights of Persons with Disabilities Rules, 2018.
- You can complain to the State Commissioner for Persons with Disabilities in person, by registered post or by email (rule 29).
- Write your name and address, what happened, the papers you have, and what you want done.
- The Commissioner should decide within about 3 months.
- For help, call the free SSEPD helpline: 1800 345 7150.
Questions parents ask
Is autism a disability under Indian law?
Yes. It is listed in the Rights of Persons with Disabilities Act, 2016.
Can a school refuse my child because of autism?
They should not. The law says schools run, funded or recognised by the government should admit children with disabilities without discrimination (RPwD Act, section 16).
What if someone insults or hurts my child?
It is a crime under section 92 of the RPwD Act. You can complain to the State Commissioner for Persons with Disabilities.
Where this comes from
- Rights of Persons with Disabilities Act, 2016 (Gazette text) (opens in a new tab)
- National Trust Act, 1999 (text) (opens in a new tab)
- Right to Education Act, 2009 (archived Ministry of Education copy) (opens in a new tab)
- Right to Education (Amendment) Act, 2012 (archived Ministry of Education copy) (opens in a new tab)
- Mental Healthcare Act, 2017 (Gazette) (opens in a new tab)
- Rehabilitation Council of India Act, 1992 (text) (opens in a new tab)
- National Education Policy 2020 (archived Ministry of Education copy) (opens in a new tab)
- Odisha Rights of Persons with Disabilities Rules, 2018 (archived copy) (opens in a new tab)
- Odisha SSEPD portal and helpline (opens in a new tab)
Checked on: 23 October 2026
This page is general information, not medical advice. Every child is different.
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