The Supreme Court of India on Tuesday, 16 June issued notice on a Public Interest Litigation (PIL) seeking effective registration, regulation, monitoring, and oversight of rehabilitation centres, child development centres, and mental health establishments serving children with disabilities. The bench, comprising 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.

What the PIL Alleges

The petition contends that despite a robust statutory framework — spanning the Rights of Persons with Disabilities (RPwD) Act, 2016, the Rehabilitation Council of India (RCI) Act, 1992, and the Mental Healthcare Act (MHCA), 2017 — systemic failures continue to harm children with disabilities across the country. These include the operation of unregistered institutions, inadequate infrastructure, a shortage of qualified professionals, and the near-total absence of meaningful regulatory oversight.

Under Section 50 of the RPwD Act, no person may establish or maintain an institution for persons with disabilities without obtaining a certificate of registration from the competent authority. The petition argues that a large number of such institutions remain unregistered, effectively shielding them from supervision and accountability.

Mental Health and RCI Enforcement Gaps

The PIL further highlights serious gaps in the enforcement of the Mental Healthcare Act, 2017, which envisages State Mental Health Authorities and minimum quality standards for mental health services. According to the petition, available data indicates that only a handful of states and union territories have framed such standards or put in place mechanisms for the registration and oversight of mental health professionals.

On the RCI Act, 1992, the petition notes that only individuals possessing recognised rehabilitation qualifications and enrolled with the Rehabilitation Council of India are legally authorised to 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 practise without any regulation and oversight, to the detriment of children with disabilities,' the plea stated.

NHRC Complaint and Ground-Level Evidence

Petitioner Rahul Bajaj had also approached the National Human Rights Commission (NHRC) through a complaint dated 25 February, raising the same concerns. The petition alleges that no action has been taken on that complaint so far.

The petitioners also relied on findings from a surprise inspection conducted by the Child Welfare Committee (CWC), Srinagar, in 2025 at a child development centre. The inspection reportedly found that the institution lacked registration under both the RPwD Act and the RCI Act, and suffered from inadequate infrastructure, insufficient qualified staff, and poor programme implementation.

What the Petitioners Are Seeking

The petitioners have urged the Supreme Court to direct effective implementation of statutory provisions governing the registration, regulation, and monitoring of rehabilitation and mental health facilities catering to children with disabilities. This comes amid growing concern among disability rights advocates that legislative intent has consistently outpaced on-ground enforcement. The matter is tentatively listed next for hearing on 3 August.