Supreme Court Dismisses PIL Seeking Rehabilitation Plan For Children With Disabilities Leaving Institutional Care After Majority

The Supreme Court recently dismissed a PIL seeking formulation of a comprehensive transition plan for rehabilitation and social re-integration of children with disabilities who leave institutional care on attaining majority. A bench of Justices Vikram Nath and Sandeep Mehta passed the order, stating that it was not inclined to entertain the petition under Article 32.Briefly put, the petition highlighted that as per an RTI response, approximately 3957 children with disability are living in Child Care institutions across the country. Under Rule 25 of the Juvenile Justice Model Rules, 2016 they would be aging out of institutional care, however, under the Juvenile Justice Act, there is no specific transition plan for their rehabilitation and social re-integration."Disabled children have not been given the required and specialized training to enable them to lead an independent life outside the Child Care Institution. Such children are vulnerable and at the risk of facing significant challenges when they turn 18 and will age out from institutional care in terms of the aforesaid Rule 25", the plea stated.The petitioner claimed that the respondent-authorities have a statutory obligation to prepare children with disability for such transition and equip them with requisite skills, necessary support and resources. Reliance was placed on Chapter 7 of the Juvenile Justice Act, Section 39 thereof and the abovementioned Rule 25, which deal with rehabilitation and social re-integration of children with disability leaving institutional care.The petitioner further stated that upon receipt of the RTI information, he sent representations to various departments of different states, but no response was received. The specific directions sought by the petitioner included:- For respondents to formulate and implement a comprehensive transition planning framework for children with disabilities living in children's homes;- For respondents to ensure that children's homes are staffed with well-qualified and trained professionals, including special educators, therapists, and caregivers, who can provide high support care to the children with complex needs, and are furnished with all necessary equipment and resources;- For respondents to ensure that early intervention services are provided to the children as soon as they are placed in children's homes, to facilitate timely assessment, support and development;- For respondents to develop and implement training programmes for special educators, caregivers, and other stakeholders to enhance their capacity to support children with disability effectively;- For respondents to ensure that the rights of children with disability to education, dignity, and autonomy are respected and protected, in accordance with principles of the United Nations Convention on the Rights of Persons with Disabilities and the RPWD Act.Case Title: BAL MITRA THROUGH ITS SECRETARY Versus UNION OF INDIA AND ORS., Diary No. 53922-2025Click here to read the order

Supreme Court Dismisses PIL Seeking Rehabilitation Plan For Children With Disabilities Leaving Institutional Care After Majority

Debby Jain

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