New Delhi, Oct 8 The Supreme Court on Thursday sought state-wise details on the regulation, standards and monitoring mechanisms governing rehabilitation centres for children with disabilities across India.
A bench of Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana asked the Centre to collect requisite data from all states and Union territories on the implementation of statutory frameworks, constitution of regulatory bodies, and oversight of such facilities, and place these on record through affidavits.
Appearing in the matter, advocate Rahul Bajaj highlighted glaring gaps in statutory compliance under both the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and the Mental Healthcare Act, 2017.
He submitted that rehabilitation centres for persons with disabilities mandate compulsory state-level registration under the RPwD Act and pointed out the urgent need for collection of data to establish whether the designated statutory authorities have actually been constituted across states and whether they are actively monitoring these institutions.
While referring to the Mental Healthcare Act, 2017, Bajaj flagged that only 10 states and Union territories have till now notified the requisite minimum standards for mental health establishments.
He underscored the lack of information concerning periodic audits and inspections conducted by authorities to enforce compliance and safeguard the welfare of institutionalised children.
The bench asked the Centre to coordinate with the states and compile a detailed report about setting up 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.
It listed the matter for further hearing on October 22.
