Supreme Court Issues Notice On PIL Seeking Regulation Of Care Homes For Persons With Autism And Developmental Disabilities

The Supreme Court today issued notice on a public interest litigation highlighting abuse, neglect and commercial exploitation in residential and institutional care homes for persons with autism and other developmental and intellectual disabilities, and seeking regulation of such care homes.“multiple reports from across India have exposed shocking instances of mistreatment within these institutions. These include incidents of physical assault, verbal abuse, emotional harassment, prolonged neglect, and in some cases, even sexual exploitation of residents who are unable to defend themselves or raise their voice. Such cases highlight the dangerous situation that arises when institutions are allowed to function without strong regulation and monitoring, reducing vulnerable persons to conditions of exploitation rather than care”, the plea states.A bench of Justice BV Nagarathna and Justice R Mahadevan issued notice to the Department of Empowerment of Persons with Disabilities, the National Trust under the Department of Empowerment of Persons with Disabilities, the Delhi Government. and the Insurance Regulatory and Development Authority of India.The petition has been filed by HRDYA Saras Foundation through Advocate Syed Mehdi Imam seeking directions for framing and implementing a nationwide policy, regulatory framework and enforcement mechanism for residential setups for persons with disabilities, including autism and intellectual and developmental disabilities.The petition states that many persons with autism and intellectual disabilities are forced to live in residential institutions because families are unable to care for them or because they have been abandoned.According to the petition, residential homes are run by governments, charitable organisations and private entities, with several private institutions functioning on a commercial basis. The plea adds, “These private institutions often charge very high amounts, such as monthly fees of Rs. 50,000- 260,000 and even one-time deposits exceeding 21,00,000. Families, in desperation for secure care, pay these huge sums believing their loved ones will be safe and looked after with dignity.”The plea alleges that despite charging such amounts, residents are denied basic necessities. It states, “However, despite these heavy charges, the standards of care provided are often extremely poor. In several cases, residents are denied even their most basic survival needs such as regular nutritious food, timely medical check-ups, access to medicines, or the presence of trained caregivers who understand the special needs of persons with Autism and intellectual disabilities. The physical living conditions in such homes are often unsafe, overcrowded, and unhygienic, making survival itself difficult for the residents.”The petition highlights the heightened vulnerability of residents with autism and intellectual disabilities. It states, “Persons with Autism or intellectual disabilities are especially at risk, as most of them are unable to understand or complain about mistreatment.” It adds that in the absence of effective monitoring, abuse and neglect often go unnoticed.Referring to conditions at the Asha Kiran home in Delhi, the petition highlights that there are 1000 residents, almost double the capacity. It states, “This overcrowding has resulted in a custodial and prison-like environment where residents are stripped of agency, choice, and the right to live with dignity.” The plea also contends that the absence of a transparent exit policy has led to prolonged institutionalisation.The petition relies on Census 2011 data stating that nearly 26.8 million persons in India live with disabilities, constituting about 2.21 percent of the population, and alleges that low literacy levels and dependence increase vulnerability in institutional settings.The plea further highlights the plight of women and girls with disabilities. “Women and girls with disabilities in India are forced into mental hospitals and institutions, where they face unsanitary conditions, risk physical and sexual violence, and experience involuntary treatment, including electroshock therapy. In a report, Human Rights Watch found that women forcibly admitted to Govt. institutions and mental hospitals suffer grave abuses and called for the government to take prompt steps to shift from forced institutional care to voluntary community-based services and support for people with disabilities”, it states.The plea also relies on audit findings of the Comptroller and Auditor General highlighting failures in implementation of the Rights of Persons with Disabilities Act, including lack of funding, delays in framing rules and weak institutional capacity at the State level.Citing recent incidents, the petition refers to NCRB data for 2022 recording 110 cases under Section 376(2)(l) of the IPC relating to rape of women with mental or physical disabilities, as well as reported deaths, assaults and abuse in residential institutions...

Supreme Court Issues Notice On PIL Seeking Regulation Of Care Homes For Persons With Autism And Developmental Disabilities

Amisha Shrivastava

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