Supreme Court seeks State-wise data on regulation, standards of rehab centres for disabled children

The Supreme Court has sought State-wise details on the regulation, standards and monitoring mechanisms governing rehabilitation centres for children with disabilities across India [National platform for the rights of the disabled vs. Department of empowerment for persons with disabilities].

The Court directed the Union government to collect requisite data from all States and Union Territories regarding the implementation of statutory frameworks, constitution of regulatory bodies, and oversight of such facilities, and place the same on record by way of affidavits.

The directions came after advocate Rahul Bajaj, appearing in the matter, highlighted glaring gaps in statutory compliance under both the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and the Mental Healthcare Act, 2017.

Bajaj submitted that rehabilitation centres for persons with disabilities mandate compulsory State-level registration under the RPwD Act. He pointed out the urgent need for empirical data to establish whether the designated statutory authorities have actually been constituted across States and whether they are actively monitoring these institutions.

Adverting to the Mental Healthcare Act, 2017, Bajaj flagged that only 10 States and Union Territories have notified the requisite minimum standards for mental health establishments so far.

He underscored the lack of information concerning periodic audits and inspections conducted by authorities to enforce compliance and safeguard the welfare of institutionalised children.

Taking note of these submissions, the Court instructed the Centre to coordinate with the State governments and compile a comprehensive report detailing:

• The constitution and functioning of statutory authorities under the RPwD Act;

• The formulation and notification of minimum standards across mental health establishments; and

• The inspection and monitoring protocols currently in place to supervise rehabilitation facilities.

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

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