The Supreme Court of India has delivered a landmark judgment addressing the rights and dignity of persons with cognitive disabilities living in state-run care homes. The case, originally initiated in 1998 and later expanded through appeals, has now culminated in a sweeping directive that shifts the focus from neglect and piecemeal fixes to a rights-based, nationwide monitoring system.
Background
The litigation began when the Justice Sunanda Bhandare Foundation filed a petition seeking proper implementation of the Persons with Disabilities Act, 1995. Later, activist Reena Banerjee brought before the Court the horrific living conditions at Asha Kiran, a government-run institution in Delhi. Reports of overcrowding, abuse, and custodial deaths forced judicial scrutiny.
Despite earlier orders in 2014 and 2016, compliance across states remained patchy. “We cannot allow constitutional promises to remain hollow,” the bench observed, stressing that disability rights must not be treated as charity but as part of fundamental equality.
Court’s Observations
The bench, comprising Justices Vikram Nath and Sandeep Mehta, remarked that the issue was not limited to Delhi’s Asha Kiran but reflected a nationwide failure. The Court highlighted systemic neglect, lack of medical care, poor infrastructure, and inadequate rehabilitation efforts.
Drawing from an expert panel’s report, the Court noted that residents in such institutions are often denied even basic dignity. “When institutions fail to provide accessible spaces, meaningful education, and proper medical care, they transform rights into empty promises,” the judges said.
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The Court also addressed reservation policies, pointing out a peculiar injustice: candidates with disabilities who score higher than the general cut-off are still forced to occupy reserved seats, denying opportunities to others in the same category. Calling this “a glaring example of hostile discrimination,” the Court sought clarification from the Union Government on why the principle of upward movement is not applied to disabled candidates.
The Decision
The Court announced the launch of Project Ability Empowerment, a nationwide monitoring exercise to be carried out by eight National Law Universities in collaboration with an expert advisory panel. Each NLU will cover a group of states and union territories, conducting on-ground assessments of disability homes.
The monitoring will go beyond infrastructure audits, focusing also on healthcare, education, vocational training, grievance redressal, and dignity of residents. The Union Government has been directed to release ₹25 lakhs to each NLU to begin the work within four weeks.
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Further, the Court fixed March 13, 2026 as the date to review the consolidated report. It also ordered the Union of India to respond by October 14, 2025 on the question of upward mobility in disability reservations.
The order ends with a firm reminder: “Persons with disabilities are not second-class citizens. Their right to equality, dignity, and inclusion must be protected not in words alone, but in lived reality.”
Case: Reena Banerjee & Anr. vs. Government of NCT of Delhi & Ors.
Date of Judgment: 12 September 2025
