National Trust INDIAN LAW INSTITUTE Building Legal Capacity 2019 For Persons with Intellectual & Developmental Disabilities Editor : Nikunja K. Sundaray National Trust For the welfare of Persons with Autism, Cerebral Palsy, Intellectual Disability (Mental Retardation) & Multiple Disabilities Department of Empowerment of Persons with Disabilities (Divyangjan) Ministry of Social Justice & Empowerment, Govt. of India 16 B, Bada Bazar Road, Old Rajinder Nager, New Delhi - 110060, Ph: 011-43187878 Email: [email protected] | Website: www.thenationaltrust.gov.in National Trust For the welfare of Persons with Autism, Cerebral Palsy, Intellectual Disability (Mental Retardation) & Multiple Disabilities Department of Empowerment of Persons with Disabilities (Divyangjan), Ministry of Social Justice & Empowerment, Govt. of India 16 B, Bada Bazar Road, Old Rajinder Nager, New Delhi - 110060 Tel.: 011-43187878 Email: [email protected] Website: www.thenationaltrust.gov.in This Publication do not necessarily reect the view of the National Trust. Material from this publication may used for education purpose provided due credit is given. Material from this publication can be used for commercial purpose only with permission from the National Trust @ National Trust, 2019 Credit : Emotions of Body by Pranjal, Creative Art Therapy Workshop, during World Mental Health Day, 2019, Manovikas >QdY_^Q\Dbecd ,1',$1/$:,167,787( %XLOGLQJ /HJDO &DSDFLW\ )RU3HUVRQVZLWK,QWHOOHFWXDO 'HYHORSPHQWDO'LVDELOLWLHV 7KLVGRFXPHQWLVLQHDV\UHDGIRUPDWIRUWKHDFFHVVLEOHUHDGLQJ (GLWRU 1LNXQMD.6XQGDUD\,$6 -RLQW6HFUHWDU\DQG&(2 >QdY_^Q\Dbecd )RUWKHZHOIDUHRI3HUVRQVZLWK$XWLVP&HUHEUDO3DOV\ ,QWHOOHFWXDO'LVDELOLW\ 0HQWDO5HWDUGDWLRQ 0XOWLSOH'LVDELOLWLHV 'HSDUWPHQWRI(PSRZHUPHQWRI3HUVRQVZLWK'LVDELOLWLHV 'LY\DQJMDQ 0LQLVWU\RI6RFLDO-XVWLFH (PSRZHUPHQW*RYWRI,QGLD Credit : Coloured by Annu Verma, Bliss of Life, Care Project, Manovikas Index Building Legal Capacity for Persons with Intellectual and Developmental Disabilities Section-I Rights & Entitlements for Persons with Intellectual and Developmental Disabilities Building Legal Capacity of Persons with Intellectual and Developmental Disabilities 8-27 Nikunja K Sundaray, JS&CEO, National Trust Enabling Persons with Intellectual & Developmental Disabilities (PwIDD) 28-34 to exercise their legal capacity Prasanna Kumar Pincha, Former Chief Commissioner for Persons with Disabilities Role of Chief Commissioner for Persons with Disabilities in Redressal of 35-38 Grievances of Persons with Disabilities Dr. Sanjay Kant Prasad, Dy. Chief Commissioner , O/o Chief Commissioner for Persons with Disabilities “Building legal capacity of PwIDDs” title of the paper – “Legal Capacity – an 39-41 instrument for enriching lives” Dr. Shanti Auluck, Chairperson, Muskaan-PAEPID National Trust 2.0 : Promoting autonomy as an intrinsic part of the law 42-44 Amvalika Senapati, B.A. LL.B, Deputy Director, Advocacy, Shishu Sarothi Role of Parents in Building Legal Capacity of Persons with Intellectual and 45-48 Developmental Disabilities (PwIDDs) Cdr. Shrirang Bijur, President, PARIVAAR–National Confederation of Parents Organizations %XLOGLQJ /HJDO &DSDFLW\ The way of Building Legal Capacity of Persons with Intellectual and 49-50 Developmental Disabilities Bibhuti Bhusana Nanda, Special Educator, Open Learning Systems, Bhubneshwar, Odisha Initiatives and Achievements of State Commissioner for Persons with Disabilities, Govt. of Bihar 51-52 Dr. Shivajee Kumar, State Commissioner Disabilities, Social Welfare Department, Govt. of Bihar, Patna Initiatives by Government of Odisha 53-54 J Mahala, OAS(S), Joint Secretary to Govt. of Odisha Initiatives by Government of Lakshadweep 55-57 T Kasim, Director, Social Welfare Department Govt. of Lakshadweep Section-II Social Security, Health and Rehabilitation Inclusive Education—why it is imperative for Persons with Autism, Cerebral Palsy, 60-67 Intellectual Disability and Multiple Disabilities in contemporary India. Dr. Aloka Guha, Former Chairperson, National Trust Neurodevelopmental Disorders: The Journey thus far, The Dreams and 68-69 their Realization- going e way; empowering professionals and parents Prof. Sheffali Gulati, Chief, Child Neurology Division, Deptt. of Pediatrics, AIIMS, Delhi Building Legal Capacity of Intellectually Disabled Person 70-71 Dr. Asmita V.Balgaonkar, President, Jivhala Society for Mentally Handicapped. Solapur, Maharashtra Paper Title : Access to Justice for Women with Disabilities- Status Report from Puducherry 72-76 Ms Chitra Shah, Director, Satya Special School, Puducherry (SNAC Puducherry) & Dr (Ms) Vidyaa Ramkumar, Chairperson, Local Level Complaints Committee, Govt of Puducherry Creating of Resources Based on Student’s Learning Style Enhances 77-83 the Performance And Classroom Management of Children with Special Needs In An Inclusive School. Prerna Khanna Special Educator, Spring Dale Senior School - Secretary, Amrit Parivaar Parents Association, Punjab Paper from World Health Organisation 84-86 Dr Gaurav Gupta, World Health Organisation 4 %XLOGLQJ /HJDO &DSDFLW\ Modulating Engagement Behavior In Intellectual Disability : 87-92 An Occupational Therapy Perspective Dr. Vijay Batra, M.O.Th, PhD, FACOT Dr. Meenakshi Batra, MOTh, PhD. Tonal & Postural Behavior : An Early Identifier / Clinical Marker of 93-96 Abnormal Sensory Motor Processing in Developmental Disabilities Dr. Meenakshi Batra, MOTh, PhD Best Practices for Building Legal Capacity of Persons with 97-100 Developmental Disabilities & Multiple Disabilities at NIEPMD Dr. Himangshu Das (Director, NIEPMD) Concept on – “Building Legal Capacity of Persons with Intellectual and Developmental Disabilities” 101-103 Dr S P Das, Director, SVNIRTAR Section-III Success Stories Early Intervention Success Story: Humera Vasimbin Kathiri 106-106 Smt. PNR Society, Bhavnagar, Gujarat Story of Shri Anil Dhanjibhai Dabhi 107-107 Smt. PNR Society, Bhavnagar, Gujarat Story of Akshay Bhatnagar 108-108 Pratibha Bhatnagar (Mother of Akshay), Jaipur, Rajasthan Little steps to success: Vihaan and Nidhi’s journey 109-109 Action for Autism, Delhi Story of Partha, Shanta, Sajal, Ratna & Payel 111-112 Abhoy Mission, Agartala, Tripura Story of Mohammad Mustaf 113-113 Samuha Samarthya, DISHA cum VIKAS center, Koppal, Karnataka Section-IV Event Report National Seminar on “Legal Capacity Building / Capacity Building of 116-126 Persons with Intellectual and Developmental Disabilities (PWIDD)” Manmeet Kaur Sareen & Kanika Kalra Final Year Law Student, Law Centre-II, Faculty of Law, University of Delhi 5 %XLOGLQJ /HJDO &DSDFLW\ Social Media outreach: Live streaming was done and more than 13.3K viewers have seen the programme. About 1,120 engagements and 56 shares were recorded 6 %XLOGLQJ /HJDO &DSDFLW\ SECTION-I Rights & Entitlements for Persons with Intellectual and Developmental Disabilities Legal Capacity is a function of the overall capacity building of Persons with Disabilities in general, and Persons with Intellectual and Developmental Disabilities in particular. This compendium seeks to locate the issue of building legal capacity in the above context. 7 %XLOGLQJ /HJDO &DSDFLW\ Building Legal Capacity of Persons with Intellectual and Developmental Disabilities Nikunja K Sundaray, JS&CEO, National Trust INTRODUCTION 1. Disability As per World Health Organization (WHO), disability is an umbrella term, covering impairments, activity limitations, and participation restrictions. An impairment is a problem in body function or structure; an activity limitation is a diffi culty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations. Disability is thus not just a health problem. It is a complex phenomenon, refl ecting the interaction between features of a person’s body and features of the society in which he or she lives. Overcoming the diffi culties faced by people with disabilities requires interventions to remove environmental and social barriers. 2. Intellectual Disability Intellectual disability is a condition characterized by signifi cant limitation both in intellectual functioning and in adaptive behaviour. Intellectual functions are reasoning, learning, problem solving, etc. Adaptive behaviour covers a range of every day, social and practical skills. Specifi c Learning Disabilities (SLD) and Autism Spectrum Disorder (ASD) are included under this. 2 (a) Specifi c Learning Disability (SLD) - Specifi c Learning Disability is a heterogeneous group of conditions wherein there is a defi cit in processing language, spoken or written, that may manifest itself as a diffi culty to comprehend, speak, read, write, spell, or As per WHO disability to do mathematical calculations. Specifi c Learning Disabilities include such conditions as perceptual disabilities namely Dyslexia, Dysgraphia, Dyscalculia, Dyspraxia and Developmental Aphasia. Details of these disabilities are as under - is an umbrella term, 2 (a) (i) Dyslexia- Dyslexia is a specifi c learning disability that is neurological in origin. It is characterized by diffi culties with accurate and/or fl uent word recognition and by poor spelling and decoding abilities. These diffi culties typically result from covering impairments, a defi cit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience