SC issues notice on request for supervision of rehabilitation centers for children with disabilities

Representative file image. | Photo credit: Shashi Shekhar Kashyap

The Supreme Court on Tuesday (June 16, 2026) issued a Public Interest Litigation (PIL) notice to monitor and supervise rehabilitation centres, child development centers and mental health facilities that cater to children with disabilities.

A bench of Chief Justice of India (CJI) Surya Kant and Justice V Mohan passed the order while hearing a petition filed by disability rights lawyer Rahul Bajaj and child rights activist Zaheer Abbas Jan. Since the matter raises important questions, the Bench said it requires consideration “on priority”.

The petition highlighted that the state of rehabilitation centers for children with disabilities reflects a “significant gap” between legislative intent and implementation, and argued that statutory safeguards under the Rights of Persons with Disabilities (RPwD) Act, 2016, the Rehabilitation Council of India (RCI) Act, 1992 and the Mental Health Act (MHCA) are often inconsistent with the law.2017CA. As a result, children are often denied essential therapies due to a lack of trained staff, 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 facilities that care for children with mental illness. However, it states that only five states and Union Territories have so far created such standards.

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

The court was further informed that the petitioners had received complaints from parents who alleged that some mental health institutes were making “false promises” of “treating” conditions like autism and attention deficit hyperactivity disorder (ADHD), while charging exorbitant fees without any scientific basis.

The petition also refers to a complaint by a parent from Jammu and Kashmir’s Anantnag district, alleging that rehabilitation centers are illegally using photos and videos of children without parental consent. According to the petitioners, such complaints point to “systemic deficiencies”, including the involvement 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 the right to education under Article 21-A of the Constitution,” the petition states.

They further argue that the constitutional guarantee of dignity under Article 21 requires that therapeutic evaluations and rehabilitative interventions for children with disabilities be “individualized, evidence-based, and free from stereotypical or unscientific assumptions.”

Accordingly, the apex court was asked to issue directions to state governments to enforce statutory safeguards governing registration and inspection of mental health facilities and prescribe minimum quality standards for mental health services.

The petitioners have also sought directions to all states and Union Territories to introduce a time-bound mechanism for registration of mental health professionals.

Published – 16 Jun 2026 23:07 IST