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Case Overview

Case Name: Hrdya Sara’s Foundation vs. Union of India W.P.(C) No. 1203/2025

In Hrdya Sara’s Foundation v. Union of India, the Supreme Court examined a PIL raising serious concerns over residential care homes for persons with autism and intellectual disabilities . The Bench comprising Justice BV Nagarathna and Justice R Mahadevan issued notice to the Department of Empowerment of Persons with Disabilities, National Trust, Delhi Government and IRDAI . The petition highlights systemic abuse, neglect, overcrowding and absence of regulation in such institutions .

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Key Aspects

The petition places on record disturbing facts showing how lack of oversight has converted care homes into exploitative institutions . It emphasises the vulnerability of persons with autism who are unable to complain or seek redress .

• Reports of physical, verbal, emotional and sexual abuse in residential institutions .
• Private care homes charging excessive fees without providing minimum standards of care .
• Overcrowding, unhygienic living conditions and absence of trained caregivers .
• No centralised monitoring authority, inspections or effective grievance redressal mechanisms .

Legal Insights

The plea argues that continued institutional neglect violates constitutional guarantees and statutory protections . It relies on disability-specific legislation and criminal law data to demonstrate State failure .

• Articles 14, 19 and 21 of the Indian Constitution – Violation of Articles 14, 19 and 21 of the Constitution of India guaranteeing equality, freedom and dignified life .
• Rights of Persons with Disabilities Act 2016 – Non-implementation of the Rights of Persons with Disabilities Act 2016 especially Sections 8, 24 and 25 mandating protection, healthcare and rehabilitation .
• Section 376(2)(l) IPC – NCRB data under Section 376(2)(l) IPC highlighting sexual offences against women with disabilities .
• CAG audit findings exposing weak enforcement mechanisms under disability welfare schemes .

Court’s Verdict

The Supreme Court issued notice to the concerned authorities signalling judicial examination of the need for a nationwide regulatory framework to protect persons with autism and intellectual disabilities from abuse and commercial exploitation .

Source – Supreme Court of India

Read also – Constitution of India

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