New Delhi, Oct 8 (IANS) : The Supreme Court on Thursday directed the Centre to collect and place on record state-wise information on the regulation, registration and monitoring of rehabilitation centres and other establishments catering to children with disabilities.
A Bench of Chief Justice of India (CJI), Surya Kant, and Justices Joymalya Bagchi and V. Mohana passed the directions while hearing a Public Interest Litigation (PIL) filed by disability rights lawyer Rahul Bajaj and child rights activist Zaheer Abbas Jan.
The CJI Kant-led Bench asked the Union government to coordinate with all states and Union Territories (UTs) and compile comprehensive data on the implementation of statutory safeguards governing such institutions.
The Supreme Court directed the Centre to place on record, by way of an affidavit, details regarding the constitution and functioning of statutory authorities under the Rights of Persons with Disabilities (RPwD) Act, 2016, formulation and notification of minimum standards for mental health establishments, and the inspection and monitoring mechanisms in place for rehabilitation facilities.
During the hearing, Bajaj submitted that rehabilitation centres for Persons with Disabilities are required to obtain compulsory state-level registration under the RPwD Act.
He stressed the need for empirical data to ascertain whether the designated statutory authorities have actually been constituted across the states and whether they are actively discharging their regulatory and monitoring functions.
Averring to the Mental Healthcare Act, 2017, Bajaj submitted that only 10 states and UTs have so far notified the requisite minimum standards for mental health establishments.
Taking note of the submissions, the CJI Kant-led Bench directed the Centre to coordinate with the state governments and UT administrations and furnish the requisite information before the Supreme Court.
The matter has been listed for further hearing on October 22. The petition has highlighted alleged systemic failures in the implementation of statutory safeguards under the RPwD Act, the Rehabilitation Council of India (RCI) Act, 1992, and the Mental Healthcare Act.
According to the plea, despite the existing legislative framework, children with disabilities continue to face concerns arising from the functioning of unregistered institutions, inadequate infrastructure, shortage of qualified professionals and lack of effective regulatory oversight.
The petitioners had contended that institutions providing facilities to Persons with Disabilities are required to be registered under Section 50 of the RPwD Act, which prohibits any person from establishing or maintaining such an institution without obtaining a certificate of registration from the competent authority.
The plea claimed that a large number of institutions functioning for Persons with Disabilities are not registered under the law, thereby preventing effective supervision and accountability.
It also raised concerns over the implementation of the Mental Healthcare Act, which envisages State Mental Health Authorities and minimum quality standards for mental health services.
The petitioners had further relied on findings from a surprise inspection conducted by the Child Welfare Committee, Srinagar, in 2025 at a child development centre.
According to the plea, 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 petitioners have sought effective implementation of statutory provisions governing registration, regulation and monitoring of rehabilitation and mental health facilities catering to children with disabilities.
