The Supreme Courton Monday issued notice on a Public Interest Litigation raising concerns over the lack of regulation, registration and oversight of institutions and professionals providing care, therapy and rehabilitation services to children with disabilities. The matter was heard by a Bench comprising Chief Justice of India Surya Kant and Justice V. Mohana.

Petitioner submitted that the petition concerns the protection, care and rehabilitation of children with disabilities, alleging that in the absence of effective registration requirements, regulatory standards and monitoring mechanisms, such children remain vulnerable to improper treatment, neglect and other forms of mistreatment. It was argued that the issue is governed by three statutory frameworks.

• First, the Rights of Persons with Disabilities Act, 2016 requires institutions providing care and protection to persons with disabilities to be registered under Sections 50 and 51.

• Second, under Section 13 of the Rehabilitation Council of India Act, rehabilitation professionals providing services such as occupational therapy and speech therapy must be registered with the Rehabilitation Council of India.

• Third, the Mental Healthcare Act mandates registration and regulation of mental health establishments and professionals by State Mental Health Authorities.

The petitioners informed the Court that representations had previously been submitted to the authorities and that a complaint had also been filed before the National Human Rights Commission (NHRC), but no response had been received.

The petitioner requested the Court to assign a fixed returnable date and pointed out that the matter ought to be categorised under the Supreme Court’s special category concerning persons with disabilities. Responding to the submission, the Chief Justice assured the petitioner that the matter would be appropriately categorised.

“It is a public interest petition, genuine petition and it will have a prioritised hearing also,” the Chief Justice remarked. The Court thereafter issued notice on the petition.