New Delhi: The Supreme Court on Tuesday issued notice on a Public Interest Litigation (PIL) seeking effective regulation, registration, monitoring and oversight of rehabilitation centres, child development centres and mental health establishments working with children with disabilities.
A Bench of Chief Justice of India (CJI) Surya Kant and Justice V. Mohana passed the order while hearing a petition filed by disability rights lawyer Rahul Bajaj and child rights activist Zaheer Abbas Jan. The petition highlighted alleged systemic failures in the implementation of statutory safeguards under the Rights of Persons with Disabilities (RPwD) Act, 2016, the Rehabilitation Council of India (RCI) Act, 1992, and the Mental Healthcare Act (MHCA), 2017.
According to the petition, despite a robust legislative framework, systemic failures continue to affect children with disabilities, including the operation of unregistered institutions, inadequate infrastructure, shortage of qualified professionals, and the absence of effective regulatory oversight.
The plea states that institutions providing facilities to children with disabilities are required to be registered under Section 50 of the RPwD Act, which mandates that no person shall establish or maintain such an institution without obtaining a certificate of registration from the competent authority.
However, it contends that a large number of institutions functioning for persons with disabilities are not registered under the law, thereby preventing any meaningful supervision and accountability. The petition further highlights deficiencies in the implementation of the Mental Healthcare Act, 2017. It submits that the law envisages State Mental Health Authorities and minimum quality standards for mental health services, but available data indicates that only a handful of states and union territories (UTs) have framed such standards or established mechanisms for registration and oversight of mental health professionals.
The petition also raised concerns regarding the enforcement of the RCI Act, 1992, under which only individuals possessing recognised rehabilitation qualifications and enrolled with the Rehabilitation Council of India are authorised to practise as rehabilitation professionals.
“In practice, however, these provisions are not being meaningfully enforced, resulting in a situation where a number of rehabilitation professionals are allowed to practise without any regulation and oversight, to the detriment of children with disabilities,” the plea stated.
It added that petitioner Rahul Bajaj had also approached the National Human Rights Commission (NHRC) through a complaint dated February 25, raising the same concerns, but alleged that no action had been taken so far.
The petitioners have also relied on findings emerging from a surprise inspection conducted by the Child Welfare Committee (CWC), Srinagar, in 2025 at a child development centre. According to the plea, the inspection found that the institution lacked registration under the RPwD Act and the RCI Act and suffered from inadequate infrastructure, insufficient qualified staff and poor programme implementation.
The petition has urged the Supreme Court to ensure effective implementation of statutory provisions governing registration, regulation and monitoring of rehabilitation and mental health facilities catering to children with disabilities. The matter is tentatively likely to be listed next on August 3.
(IANS)
