On 15 December 2025, the Supreme Court of India issued notice in a Public Interest Litigation seeking regulatory oversight of care homes for persons with autism spectrum disorder and other developmental disabilities. The Court directed the Union of India and concerned statutory authorities to file their responses. The matter will be taken up for further hearing after replies are placed on record.
The petition raises concerns regarding the absence of uniform and enforceable standards governing residential care homes catering to persons with autism and intellectual disabilities. It points to wide variations in infrastructure, staffing, medical supervision and safety protocols across such facilities, often operating without consistent monitoring or accountability. According to the petition, these gaps expose residents to risks of neglect and substandard care.
The petition examines the interface between residential care practices and the Rights of Persons with Disabilities Act, 2016. While the statute recognises a broad range of rights for persons with disabilities, it does not prescribe detailed operational norms for residential care institutions specifically catering to persons with autism. The absence of specialised guidelines is argued to undermine effective implementation of statutory protections, particularly for individuals requiring long term residential support.
A central prayer before the Court is for the constitution of a national expert committee to frame comprehensive guidelines for the establishment, regulation and monitoring of care homes. These guidelines are intended to cover minimum infrastructure requirements, caregiver qualifications, access to medical and therapeutic support, emergency response protocols and safeguards for dignity and autonomy. The petition also seeks the development of population based residential facilities at the district level, supported by trained caregivers, therapists and medical professionals, with regular health monitoring and continuity of care.
Another key concern highlighted is the lack of institutionalised audit and inspection mechanisms. The petition calls for periodic inspections, independent oversight and grievance redressal systems to ensure transparency and accountability in the functioning of care homes. It stresses that without such mechanisms, residents and their families are left with limited recourse in cases of neglect or rights violations.
At this stage, the Supreme Court has confined itself to issuing notice and has not passed any interim or final directions on the merits of the petition. No detailed court order or verified PDF has been made publicly available so far, and reporting is limited to confirmation of the issuance of notice.
The case assumes significance in the broader landscape of disability rights in India. It brings judicial attention to implementation gaps in residential care frameworks for persons with autism and developmental disabilities. As the proceedings continue, the matter may prompt closer scrutiny of whether existing legal and administrative mechanisms adequately protect the dignity, safety and well being of individuals who depend on long term institutional care.
Written by Adv. Aiswarya Krishnan
