The Supreme Court on Thursday sought state-wise data on how rehabilitation centres for children with disabilities are monitored across India. The bench asked the Centre to collect information on standards and oversight mechanisms. Advocate Rahul Bajaj said, "Only 10 states and Union territories have so far notified the required minimum standards."
The Supreme Court on Thursday sought state-wise details on how rehabilitation centres for children with disabilities are regulated and monitored across India. The court asked the Centre to gather information from all states and Union territories on the standards in place, the authorities set up under the law, and the oversight mechanisms governing such facilities.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana directed the Centre to place the information on record through affidavits. The matter came up amid concerns over gaps in compliance with laws meant to regulate rehabilitation and mental health establishments for persons with disabilities.
Appearing in the case, advocate Rahul Bajaj pointed to gaps in compliance under the Rights of Persons with Disabilities Act, 2016, and the Mental Healthcare Act, 2017. He told the court that rehabilitation centres for persons with disabilities require compulsory state-level registration under the RPwD Act and stressed the need to collect data to determine whether the designated statutory authorities have been set up across states and whether they are actively monitoring these institutions.
Referring to the Mental Healthcare Act, 2017, Bajaj said only 10 states and Union territories have so far notified the required minimum standards for mental health establishments. He also pointed to the lack of information on periodic audits and inspections carried out by the authorities to ensure compliance and protect the welfare of children living in such institutions.
The bench asked the Centre to coordinate with the states and prepare a detailed report on the setting up and functioning of statutory authorities under the RPwD Act, the formulation and notification of minimum standards for mental health establishments, and the inspection and monitoring systems in place for rehabilitation facilities. The court has listed the matter for further hearing on October 22.
In sum, the court has sought a nationwide account of the legal and monitoring framework governing rehabilitation centres for children with disabilities, with a focus on registration, standards, inspections and the functioning of oversight authorities.