INTRODUCTION
Neurodiversity has emerged as a transformative perspective, challenging societal norms and protecting the rights of people with neurological differences. Judy Singer, an Australian activist focused on autism and disabilities, coined the term ‘Neurodiversity’. In her 1998 honours thesis, she proposed that neurological differences should be considered a fresh and significant aspect of political engagement for marginalised groups.[1] 15%-20% of the global population is neurodiverse.[2] Thus, we must step ahead and contribute towards their inclusivity. This will have global implications, and in India, a country known for its rich cultural diversity, understanding and embracing neurodiversity is becoming increasingly crucial.
NEURODIVERSITY
Harvard Health Publishing defines the concept of neurodiversity as a notion that every person interacts and experiences their environment in unique ways, and there is no right way of thinking, learning, or behaving. Meanwhile, it is crucial to understand that these differences should not be viewed as defects or disorders.[3] However, discrimination prevails on the biases of people with neurodivergence being ‘dumb’ or ‘stupid’ or assuming that they cannot work with people. They are now the stigmas that are attached to neurodivergent people, and a result of that is they are treated differently, not getting the proper pay despite being equally worthy as people without having Neurodivergence. Neurodiversity is a viewpoint that brain differences are normal rather than deficits.[4] Recognising that there is no single “normal” way for the brain to function can help reduce stigmas surrounding conditions like autism, ADHD, and dyslexia. This shift in outlook encourages inclusive environments where children of all neurotypes are valued, respected, and provided with tailored support. Some recognised types of neurodivergence include Autism, ADHD (Attention Deficit/Hyperactivity Disorder), Cognitive Functioning Difficulty and Dysgraphia, amongst others, each characterised by unique cognitive profiles and challenges.[5] The study of neurodiversity in the legal context focuses on upholding the rights of neurodivergent individuals by preventing discrimination and promoting equity and inclusion.
NEURODIVERGENCE IN INDIA
In India, a country marked by its rich diversity, understanding and embracing neurodiversity is becoming increasingly crucial as it is found that in India, approximately 1 out of every 100 children under the age of 10 have autism, and almost 1 out of 8 children has at least one neurodevelopmental condition. The estimate for neurodevelopmental conditions in India is now reported to be ten times higher than what was reported in the 2011 census.[6] According to a research study, autism spectrum disorders (ASDs) have a prevalence rate of 0.9 per 1000, which means that about 1 in every 1000 individuals may have the disorder. It was also found that rural areas showed the highest rate of this disorder. In this research, it was concluded that socioeconomic status appears to be a significant contributing factor to the occurrence of ASDs in India, with rural regions potentially facing a higher burden.[7] It is crucial to address the needs and aspirations of the neurodivergent population and ensure their inclusion with the help of establishing equal access to opportunities, inclusive education and legal protections. The inclusion of neurodiversity refers to making people with neurodivergent conditions feel included in society without sympathising but empathising.
LEGAL FRAMEWORK IN INDIA
The landmark legislations in India pertaining to persons with disabilities include the Persons with Disabilities (PWD) Act (1995), the Rehabilitation Council of India (RCI) Act (1992), the National Trust Act (1999)[8] and the Rights of Persons with Disability Act (2016). The legal provisions establish a structure for safeguarding the rights and interests of individuals with neurodivergent conditions.
The first legislation in India regarding Autism was passed in the National Trust Bill- ‘National Trust for Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act 1999’.[9] This resulted in the establishment of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, Multiple Disability and other related conditions. The trust was established to assist and enable individuals with disabilities to lead independent lives within their community. Registered organisations can also receive support to provide services during times of crisis within a family that has a member with a disability. Additionally, under this act, measures will be taken to address issues faced by those without familial support and to advance the support and protection of individuals with disabilities in the unfortunate event of a parent or guardian’s death. This also focussed on working towards providing equal opportunities and protecting the rights of the individuals.[10]
The Rights of Persons with Disabilities Act of 2016 does not explicitly mention neurodivergence. Still, it includes the “person with a disability”, i.e. ‘A person in a condition of “mental retardation” should ordinarily be treated differently from a “mentally ill” diagnosed person. The state of mental retardation or developmental delay can be assessed on factors like intelligence quotient (IQ) and mental age (MA), which are primarily related to academic abilities, as stated under Eera v. State (NCT of Delhi)[11].’ This act recognises a range of disabilities, including intellectual disabilities, and works to safeguard and advance the rights of individuals with disabilities. It mandates affirmative action in education, employment, and accessibility.[12]
Individuals with neurodivergence may need special education in separate classrooms designed for them or mainstream education in regular classrooms. Thus, the Indian government has also made efforts to promote inclusive education, which includes accommodating students with neurodiverse conditions in mainstream schools. The Central Board of Secondary Education (CBSE) also lists some provisions for the students. It offers students the choice of optional subjects that test their creativity and skills or ensure extra time during exams. This ensures less dependency and equity in the education sector. [13]
The Rehabilitation Council of India (1992) is an initiative of the Indian Government that was formulated to train and guide special educators in India. It also plays a pivotal role in setting and upholding the minimum standards for the education and training of diverse professionals in this field. This initiative also introduced special diploma courses for educators in this field.[14]
CONCLUSION
In conclusion, promoting neurodiversity in India is crucial. It signifies a significant shift towards a society that is inclusive and compassionate. Achieving this requires ensuring equal access to opportunities, breaking down barriers that may limit the potential of neurodivergent individuals, and fostering accessible and welcoming environments in workplaces and educational institutions. Inclusive education has a crucial role to play in empowering neurodivergent children while nurturing acceptance and empathy among their neurotypical peers. Legal protections are essential to safeguard the rights and dignity of neurodivergent individuals, upholding the societal commitment to equality. Ultimately, India can celebrate diversity by recognising that every individual, regardless of their cognitive profile, brings a unique perspective and talents.
Author(s) Name: Sanah Dhawan (Symbiosis Law School, NOIDA)
References:
[1] Mcgee Micki (2012) 11 Neurodiversity 11 <http://www.jstor.org/stable/41960833> accessed 23 October 2023
[2] Moeller M, Ott DL and Russo E, ‘Neurodiversity Can Be a Workplace Strength, If We Make Room for It’(The Conversation, 4 August 2022) <https://theconversation.com/neurodiversity-can-be-a-workplace-strength-if-we-make-room-for-it-164859> accessed 27 October 2023
[3] Nicole Baumer M and Julia Frueh M, ‘What Is Neurodiversity?’ (Harvard Health, 23 November 2021) <https://www.health.harvard.edu/blog/what-is-neurodiversity-202111232645> accessed 23 October 2023
[4] ‘Neurodiversitet: Några Grundläggande Termer Och Definitioner’ (Attention Deficit Disorder: Understand the Mind of an ADHD ) <https://hurmaninvesterarossf.web.app/95987/61327.html> accessed 23 October 2023
[5] ‘What Is Neurodiversity?’ (NHS choices) <https://www.cuh.nhs.uk/our-people/neurodiversity-at-cuh/what-is-neurodiversity/> accessed 27 October 2023
[6]Katsnelson A, ‘Study Quantifies Prevalence of Autism in India’ (Spectrum, 23 August 2018) < https://www.spectrumnews.org/news/study-quantifies-prevalence-autism-india/> accessed 28 October 2023
[7] Raina, S. K., Kashyap, V., Bhardwaj, A. K., Kumar, D., & Chander, V., ‘Prevalence of autism spectrum disorders among children (1-10 years of age) – findings of a mid-term report from Northwest India’ (Journal of postgraduate medicine, 2015) <https://pubmed.ncbi.nlm.nih.gov/26440394/> accessed 29 October 2023
[8] Merry B. Jaya Shankar Kaushik Sheffali G., “Legal Provisions, Educational Services and Health Care Across the Lifespan for Autism Spectrum Disorders in India” (2017) 84(1) TIJP <https://link.springer.com/article/10.1007/s12098-016-2261-5> accessed 27 October 2023
[9]‘Legislation and Policies’ (Autism) <http://www.autism-india.org/legislation-and-policies.php> accessed 29 October 2023
[10] National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (India)
[11] (2017) 15 SCC 133
[12] Rights of Persons with Disabilities Act, 2016 (India)
[13] Merry B. Jaya Shankar Kaushik Sheffali G., “Legal Provisions, Educational Services and Health Care Across the Lifespan for Autism Spectrum Disorders in India” (2017) 84(1) TIJP <https://link.springer.com/article/10.1007/s12098-016-2261-5> accessed 27 October 2023
[14] ‘Objectives’ (REHABILITATION COUNCIL OF INDIA) <https://rehabcouncil.nic.in/objective> accessed 29 October 2023
