SC issues notice on plea seeking oversight of rehabilitation centres catering to children with disabilities

The Supreme Court on Tuesday (June 16, 2026) issued notice on a Public Interest Litigation (PIL) seeking monitoring and oversight of rehabilitation centres, child development centres and mental health establishments catering to 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. Observing that the matter raises important issues, the Bench said it required consideration “on priority”.

Highlighting that the condition of rehabilitation centres for children with disabilities reflects a “significant gap” between legislative intent and implementation, the petition contended that 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, are often not complied with. As a result, children are frequently denied essential therapies owing to a shortage of trained personnel, while inadequate supervision and neglect expose them to unsafe conditions.

The petition also pointed out that the MHCA requires States to prescribe minimum quality standards for mental health establishments catering to children with mental illnesses. However, it states that only five States and Union Territories have framed such standards so far.

“…Unregulated therapeutic assessments, abrupt discontinuation of therapy services and coercive conduct by rehabilitation institutions directly undermine the best interests, developmental rights and dignity of children with disabilities,” the petition states.

The court was further apprised that the petitioners had received complaints from parents alleging that certain mental health institutions made “false promises” of “curing” conditions such as autism and Attention Deficit Hyperactivity Disorder (ADHD), while charging exorbitant fees without any scientific basis.

The petition also refers to a complaint from a parent in Jammu and Kashmir’s Anantnag district alleging the unauthorised use of children’s photographs and videos by rehabilitation centres without parental consent. According to the petitioners, such complaints point to “systemic deficiencies”, including the engagement of unqualified professionals and the absence of adequate transparency and accountability mechanisms.

“The absence of timely therapeutic interventions for children at a crucial stage of their development has profound long-term consequences, undermining their right to a dignified life under Article 21 and their right to education under Article 21-A of the Constitution,” the petition states.

It further contends that the constitutional guarantee of dignity under Article 21 requires therapeutic assessments and rehabilitation interventions for children with disabilities to be “individualised, evidence-based and free from stereotypical or unscientific assumptions”.

Accordingly, the top court has been asked to issue directions to State governments to enforce statutory safeguards governing the registration and inspection of mental health establishments and prescribe minimum quality standards for mental health services.

The petitioners have also sought directions to all States and Union Territories to put in place a time-bound mechanism for the registration of mental health professionals.