Supreme Court Asks NLUs To Monitor Institutions Housing Persons With Cognitive Disabilities; Seeks Details From Centre On Upward Movement Of Meritorious PwD Candidates

The litigation before the Apex Court arose from two cases, one a Writ Petition instituted in 1998 and another a Special Leave Petition filed in 2012 seeking directions to ensure comprehensive implementation of the statutory framework by the Government of States and Union Territories under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and protection of the persons with cognitive disability in a government-run care institution.

The Division Bench of Justice Vikram Nath and Justice Sandeep Mehta directed, “We are of the firm opinion that the task of nationwide monitoring ought to be distributed across different regions of the country for greater reach and oversight so as to be effective. Accordingly, we hereby direct that the monitoring be undertaken under the name and style of the “Project Ability Empowerment” and shall be undertaken by eight National Law Universities each covering specific States and/or Union Territories…”

Making a positive interpretation of ‘reservation’ as provided under Section 34 of the RPwD Act, the Bench held, “Having regard to the above, we consider it appropriate to require the Union of India to explain whether appropriate measures have been taken to provide the upward movement of meritorious candidates applying against the post/s reserved for persons with disabilities, in case such candidate secures more than the cut-off for the unreserved category. The same principle must also be applied to promotions.” The Bench ordered that the response to the query be placed on record by the Union of India on October 14, 2025.

Factual Background

The Petitioner, Justice Sunanda Bhandare Foundation, is a charitable trust and a nongovernmental organisation working for the promotion of human rights, gender justice, and persons with disabilities. In 1998, the Foundation instituted a Writ Petition seeking the implementation of the provisions of the 1995 Act. The Apex Court mandated all concerned authorities of the Union of India and all the States and Union Territories, and other relevant authorities, to fully implement the 1995 Act, including the reservation provisions by the end of 2014. The Court directed that the Chief Secretaries of States and Union Territories shall designate a senior officer to supervise the process of compliance with the provisions of the RPwD Act within their respective jurisdictions, and the lagging States/Union Territories were granted time until February 17, 2025 to file their respective responses/affidavits detailing the further steps that have been taken for complete compliance with the provisions of the RPwD Act.

In another matter, the appellant, Reena Banerjee, filed an Intervention Application in a disposed of suo moto Writ Petition before the Delhi High Court concerning the rights of children with cognitive disability in institutional care, seeking various reliefs including inquiries into deaths at observation homes, accountability of authorities, and improvements in conditions. The High Court directed that the Intervention Application be delinked and registered as a fresh Writ Petition. The matter focused on the pitiable and pathetic condition at Asha Kiran, a state-run care institution in New Delhi, for persons with cognitive disability. The High Court directed the Delhi Government to take reformative measures. Pursuant to the directions of this Court in the Civil Appeal, the Advisory Group Expert Panel and other Experts submitted their Status Reports and Recommendations titled “Asha Kiran as Microcosm of What Ails India’s Care Support Structure: Thematic Recommendations.”

Following their observations and recommendations, the Advisory Group Expert Panel, while drawing reference from directions issued in Rajive Raturi v. Union of India (2005), sought relief in terms of a direction concerning the monitoring and implementation of legal and policy mandates applicable to persons with intellectual and psychosocial disabilities residing in State-run care institutions. The Applicants before the Apex Court thus sought similar directions including the appointment of the National Law School of India University, Bengaluru, in conjunction with the Advisory Group Expert Panel and other experts associated with the present report, to jointly undertake a nationwide monitoring of all State-run care institutions housing persons with cognitive disabilities. The applicants sought a direction to the Union of India through the Ministry of Social Justice and Empowerment to allocate and release requisite financial and logistical resources to the appointed panel for the execution of the monitoring exercise.

Reasoning

Referring to a catena of judgments, the Bench observed that the constitutional courts have consistently read the rights of persons with disabilities into the broader constitutional guarantees under Articles 14, 19, and 21 of the Constitution of India. “The present case, concerning the implementation of the RPwD Act along with the prolonged institutionalisation and lack of access to education, health, and community life for persons residing in State-run care institution/homes, must therefore be viewed through this expansive constitutional lens. The proposed monitoring and assessment must not be limited to administrative compliance but must engage with the question of whether institutional structures respect the autonomy, equality, and dignity of persons with disabilities as guaranteed under the Indian Constitution”, it stated.

The Bench directed the eight National Law Universities to undertake monitoring under the name and style of the “Project Ability Empowerment”. “These institutions, in conjunction with the Advisory Group Expert Panel and other experts associated with the present report, shall undertake extensive monitoring of all care institutions, whether state-run or private, housing persons with cognitive disabilities. The monitoring shall also extend to examining the implementation of the RPwD Act”, it further held.

The Bench also ordered that the proposed monitoring and data collation exercise of the “Project Ability Empowerment” must not only limit itself to the 9 parameters identified in the Report but must also include certain key areas such as Resident Profiling, Care and Rehabilitation; Accessibility, Infrastructure and Education; Rights, Protection and Compliance; Staffing, Resources and Institutional Accountability; Documentation and Welfare Access. “The above key areas are not exhaustive but indicative of the minimum areas of inquiry required. The concerned members of the ‘Project Ability Empowerment’ and Advisory Group Expert Panel, shall be at liberty to identify additional focal points that are considered necessary for the purpose of producing a comprehensive and evidence-based report”, it mentioned.

The Bench also asked the State Commissioners, Chief Secretaries of all States/Union Territories, the Ministry of Social Justice and Empowerment and other departments to extend their cooperation. “For the said purpose, the Union of India shall provide an interim project fund to the tune of Rs. 25 lakhs each to the eight designated National Law Universities (supra). The said amount shall be remitted to the NLU concerned and will be marked in a separate Head “Project Ability Empowerment”, it directed.

“A detailed consolidated report of the “Project Ability Empowerment” shall be submitted within six months, with actionable recommendations for systemic reforms and transition toward community-based alternatives”, it added while disposing of the Petition. “A copy of this order shall be transmitted to the Registrar of each of the above eight National Law Universities, as well as to the Secretary, Department of Social Justice and Empowerment, Union of India and Chief Secretaries of all States/Union Territories, for immediate compliance”, it concluded.

Cause Title: Reena Banerjee v. Government of NCT Of Delhi (Neutral Citation: 2025 INSC 1101)

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