Supreme Court To Hear PIL On Rights Of Neurodivergent Persons

The Supreme Court recently issued notice in a PIL seeking directions to address “persistent neglect, institutional apathy, and failure” in upholding constitutional, statutory, and international obligations towards individuals with neurodivergent conditions like Autism, Dyslexia, ADHD etc.“Despite progressive legislation, critical gaps persist in India's mental health infrastructure, funding, accessibility, and public awareness. These include inadequate budgetary allocations, fewer numbers of rehabilitation centres and inadequate community-based rehabilitation services. Moreover, institutional apathy and stigma prevent effective care and social inclusion”, the petition highlights.A bench of Justice B.V. Nagarathna and Justice K.V. Viswanathan issued notice on the PIL to Union of India, Ministry of Social Justice and Empowerment, Ministry of Home Affairs, Ministry of Civil Aviation, Insurance Regulatory and Developmental Authority of India.The petition alleges systemic failures in the implementation of the National Trust Act, 1999, the Rights of Persons with Disabilities Act, 2016, the Mental Healthcare Act, 2017, and the National Trust (Amendment) Act, 2018. The petition states that these laws were enacted to safeguard the rights and dignity of persons with mental illness, autism, and other disabilities, but have not been effectively enforced.It states, “societal perception of Persons with Disabilities (PwDs), particularly those with neurodevelopmental disabilities, continues to be marred by stigma, discrimination, and systemic exclusion.” Further, the petition states that such perceptions “act as a major obstacle to effective rehabilitation and community inclusion.”The petition highlights gaps in mental health infrastructure, funding, accessibility, and public awareness, including inadequate budgetary allocations, fewer numbers of rehabilitation centres and inadequate community-based rehabilitation services. The petition points to exclusion in air travel, railways, metros, insurance coverage, absence of mental health helplines, lack of transparent monitoring of mental health funding, and gaps in inclusive education.Key issues raised in the petition include the lack of SOPs for mandatory training and orientation, sensory-friendly infrastructure and trained staff at airports/airlines/metro/railways, denial of adequate insurance coverage for autistic and other disabled individuals, diagnosis and early intervention and dedicated centres in all metropolis, State capitals and Tier-2 & 3 towns, non-implementation of inclusive education policies in schools and universities, and denial, delay, or erroneous rejection of applications for UDID certification. The petition further emphasises gaps in employment, stating that while Corporate Social Responsibility (CSR) funds are used for persons with physical disabilities, companies often exclude neurodivergent individuals, offering only temporary internships instead of permanent jobs.The petition alleges that private schools often expel or pressure students with diagnosed mental health conditions like depression, anxiety, ADHD, or autism to withdraw, instead of providing reasonable accommodations. Further, it states that private institutions charge higher fees from children with disabilities while failing to provide any mandated support or facilities.It further highlights shortage of trained counsellors and mental health professionals, and rising depression and suicide trends among persons with neurodevelopmental disabilities.The petition prays for directions requiring the Centre and concerned authorities to formulate and implement a comprehensive national policy for identification, mental health care, treatment, rehabilitation, residential support, and insurance coverage for neurodivergent individuals.It further seeks directions for the enforcement of Standard Operating Procedures across all relevant departments, mandatory training and sensitisation for personnel in law enforcement, aviation, education, and healthcare, and parity in insurance coverage for neurodivergent persons. Other prayers include streamlining of the UDID certification process, creation of more certification centres, integration of guardianship data in UIDAI, inclusive education through sensory classrooms and trained staff, adoption of neurodivergent-friendly measures in higher education, operationalisation of community-based mental health facilities, activation of Mental Health Review Boards, and accountability mechanisms for medical boards.The petitioner has also sought revision of CSR policies to include neurodivergent inclusion, tracking and publication of disaggregated employment data, establishment of sensory infrastructure in airports and transport hubs, constitution of district-level monitoring committees, introduction of dedicated mental health budget lines and 24/7 helplines, and issuance of a single, perpetual disability certificate for lifelong conditions.The matter is listed on 29th...

Supreme Court To Hear PIL On Rights Of Neurodivergent Persons

Amisha Shrivastava

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