SC Seeks State-Wise Data on Regulation and Monitoring of Rehab Centres for Children with Disabilities

A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana issued the directions while hearing a Public Interest Litigation filed by disability rights lawyer Rahul Bajaj and child rights activist Zaheer Abbas Jan.

The Bench asked the Union government to coordinate with all states and Union Territories and compile comprehensive information on the implementation of statutory safeguards governing such institutions.

The Centre has been directed to file an affidavit providing details on the constitution and functioning of statutory authorities under the Rights of Persons with Disabilities (RPwD) Act, 2016. The affidavit will also have to cover the formulation and notification of minimum standards for mental health establishments and the inspection and monitoring mechanisms operating at rehabilitation facilities.

During the hearing, Bajaj submitted that rehabilitation centres serving persons with disabilities are required to obtain registration at the state level under the RPwD Act.

He emphasised the need for data to establish whether the statutory authorities responsible for regulating these institutions have been constituted across states and whether they are actually carrying out their regulatory and monitoring responsibilities.

Referring to the Mental Healthcare Act, 2017, Bajaj told the court that only 10 states and Union Territories have so far notified the required minimum standards for mental health establishments.

Taking note of the submissions, the Bench directed the Centre to obtain the relevant information from state governments and Union Territory administrations and place it before the court.

The matter has been listed for further hearing on October 22.

The PIL has raised concerns over what the petitioners describe as systemic shortcomings in the implementation of safeguards under the RPwD Act, the Rehabilitation Council of India (RCI) Act, 1992, and the Mental Healthcare Act.

According to the petition, children with disabilities continue to face problems linked to unregistered institutions, inadequate infrastructure, shortages of qualified professionals and insufficient regulatory oversight despite the existence of a statutory framework.

The petitioners have pointed out that institutions providing services to persons with disabilities are required to be registered under Section 50 of the RPwD Act. The provision prohibits the establishment or operation of such an institution without a certificate of registration from the competent authority.

The plea alleged that a significant number of institutions serving persons with disabilities remain outside the registration framework, making effective supervision and accountability difficult.

It also raised concerns over the implementation of the Mental Healthcare Act, which provides for State Mental Health Authorities and the establishment of minimum quality standards for mental health services.

The petitioners further referred to findings from a surprise inspection conducted by the Child Welfare Committee, Srinagar, at a child development centre in 2025.

According to the plea, the centre did not have registration under the RPwD Act or the RCI Act and had shortcomings including inadequate infrastructure, a shortage of qualified staff and deficiencies in programme implementation.

The petitioners have sought effective enforcement of statutory provisions governing the registration, regulation and monitoring of rehabilitation and mental health facilities serving children with disabilities.

The Supreme Court's direction for state-wise data is expected to provide a broader picture of how the existing statutory safeguards are being implemented across the country.