Supreme Court Prioritises PIL Alleging Inhuman Treatment of Children With Disabilities In Rehabilitation Centres

The Bench of Chief Justice of India Surya Kant and Justice V. Mohana directed that the matter be listed on priority. 

"Issue notice. This issue needs consideration. This matter needs to be listed in priority," CJI Surya Kant said.

During the hearing Advocates Amar Jain, Sarah and Amritesh Mishra appeared for the petitioner.

The PIL has been filed by disability rights lawyer Rahul Bajaj along with Zaheer Abbas Jan. The petition seeks mandatory registration of all rehabilitation centres with the Rehabilitation Council of India (RCI) and a comprehensive regulatory framework governing mental health professionals and establishments catering to children with disabilities.

According to the petition, the case seeks to bring into focus "the deficiencies in the implementation of the legal framework for the regulation of rehabilitation facilities, with particular reference to children with disabilities."

The plea filed through AoR Ashutosh Sengar states that although statutes such as the Rights of Persons with Disabilities Act, 2016 (RPwD Act), the Rehabilitation Council of India Act, 1992 (RCI Act), and the Mental Healthcare Act, 2017 (MHCA) contain robust safeguards, "systemic failures persist."

Citing media reports, the petition alleges that "children are often denied necessary therapies due to a lack of trained staff, negligence leads to unsafe environments and outdated equipment hampers the provision of basic medical care."

Referring to the scale of the issue, the petition notes that as per the 2011 Census, India has 2.68 crore persons with disabilities. It further points to the World Health Organization's 2011 World Report on Disability, which estimates that around 15 per cent of the world's population lives with some form of disability. Applying this estimate to India would translate into approximately 19 to 20 crore persons with disabilities, a significant number of whom are children.

The petition argues that institutions catering to children with disabilities are required to be registered under Section 50 of the RPwD Act, which mandates that no person shall establish or maintain any institution for persons with disabilities without obtaining a certificate of registration from the competent authority.

However, the petition claims that "a large number of institutions working for persons with disabilities are in fact not registered under the RPwD Act, preventing any meaningful oversight."

The plea also highlights deficiencies in the implementation of the Mental Healthcare Act, 2017. It states that the legislation envisages the establishment of State Mental Health Authorities and the framing of regulations prescribing minimum quality standards for mental health services. "At present, the available data indicates that only 5 states or union territories have framed such standards," the petition says.

Further, according to the petition, only 12 States and Union Territories have framed rules relating to registration, audit and inspection of mental health establishments, while merely seven States and Union Territories have a mechanism, or are contemplating one, for registration of mental health professionals.

The petition also points to alleged non-enforcement of the RCI Act, which mandates that only individuals possessing recognised rehabilitation qualifications and enrolled on the register maintained by the Rehabilitation Council of India can practise as rehabilitation professionals.

"In practice, however, these provisions are not being meaningfully enforced, resulting in a situation where a number of rehabilitation professionals are allowed to practice without any regulation and oversight, to the detriment of children with disabilities," the petition states.

The petitioners submit that despite representations made by Mission Accessibility, a non-profit organisation founded by Petitioner No. 1, and a complaint dated February 25, 2026, before the National Human Rights Commission (NHRC), no action has been taken. The PIL seeks judicial directions for effective implementation of the statutory framework governing rehabilitation centres and mental health establishments, mandatory registration and oversight mechanisms, and regulation of rehabilitation and mental health professionals working with children with disabilities.