Supreme Court PIL highlights oversight gaps as disability advocates seek safer, accountable rehabilitation and therapy services in Nagaland
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DIMAPUR — As more therapy and rehabilitation services emerge across Nagaland, disability rights advocates say an important question remains unanswered: who is ensuring these centres are safe, accountable and staffed by qualified professionals?
The question comes as the Supreme Court examines allegations that such facilities for children with disabilities across the country often operate without proper registration, qualified personnel, quality standards or regulatory oversight.
On June 16, the apex court issued notice to the Centre, states and Union territories on a Public Interest Litigation (PIL) that seeks stricter enforcement of existing laws governing rehabilitation services and stronger monitoring of facilities working with children with disabilities.
The petition argues that despite safeguards available under the Rights of Persons with Disabilities (RPwD) Act, 2016, the Rehabilitation Council of India (RCI) Act, 1992 and the Mental Healthcare Act, 2017, significant implementation gaps continue to exist. Among other measures, it seeks mandatory registration of rehabilitation facilities, enforcement of professional qualification requirements, periodic audits and stronger monitoring mechanisms.
The issue is particularly relevant for Nagaland where access to rehabilitation services has improved significantly over the past decade, according to Diethono Nakhro, independent advocate on disability rights and inclusion and former State Commissioner for Persons with Disabilities.
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For decades, families seeking specialised support for children with disabilities often had to travel outside the state for speech therapy, occupational therapy, behavioural interventions and other developmental services.
According to Nakhro, increasing awareness about developmental disabilities, coupled with the efforts of non-governmental organisations, private initiatives and community-based efforts, has contributed to the emergence of therapy centres, child development programmes and rehabilitation services within the state.
"As more such services emerge independently, there is little clarity regarding compliance with applicable laws, staffing qualifications, safety standards and service quality," she said.
Nakhro said that the need for stronger oversight was a discussion that began during her tenure as disability commissioner. Yet it remains unclear whether regular monitoring, audits or other measures necessary to ensure accountability and safeguard the interests of children with disabilities are being undertaken.
One of the central arguments in the Supreme Court petition is that many rehabilitation facilities across the country may be operating outside the regulatory frameworks.
Nakhro noted that Nagaland already has provisions for registration and oversight under the RPwD Act, but effective implementation remains the challenge.
The director of Social Welfare has been notified as the authority responsible for registration of institutions and organisations under Section 49 of the Act.
"The priority now is to ensure effective implementation and enforcement of the provisions, including identifying all centres providing rehabilitation and therapy services, ensuring that they are appropriately registered, and verifying compliance with prescribed standards," she said.
Shortage of trained professionals
The PIL also raises concerns regarding the availability of qualified rehabilitation professionals.
Under the RCI Act, professionals providing rehabilitation services are required to possess recognised qualifications. The petition argues that inadequate enforcement has allowed unqualified individuals to provide specialised services in some parts of the country.
Nakhro said one of the biggest challenges facing Nagaland’s disability sector is the shortage of qualified rehabilitation professionals.
To address this, she called for a long-term strategy that includes attracting and retaining RCI-recognised professionals while simultaneously supporting local students to pursue rehabilitation-related qualifications.
Such measures could include scholarships, incentives for professionals willing to serve in Nagaland, creation of sanctioned posts across relevant departments and partnerships with universities and training institutions to establish rehabilitation and special education courses within the state.
Developing local capacity, she said, is essential if Nagaland hopes to build a sustainable rehabilitation ecosystem rather than relying indefinitely on services and expertise from outside the state.
Mental health and service mapping
Another area highlighted by Nakhro is mental health governance.
"The state has been lethargic in fully operationalising the State Mental Health Authority and establishing Mental Health Review Boards. For children with psychosocial disabilities, this means there is zero legal or clinical oversight regarding their care and rights,” she said.
The State Mental Health Authority should be fully activated and adequately resourced to oversee facilities and services, protect rights and ensure compliance with standards prescribed under the Mental Healthcare Act, she added.
Nakhro also called for a comprehensive mapping of disability-related services operating across Nagaland, including rehabilitation centres, therapy providers, special educators and mental health services.
Such an exercise, she said, would provide an evidence base for planning, regulation, monitoring and addressing service gaps.
Protection and accountability
The concerns raised in the Supreme Court petition also intersect with broader questions of child protection and safeguarding, according to Lozua Kape, programme manager at Prodigals' Home.
Referring to recent incidents of sexual crimes against children reported in Nagaland, Kape said weak monitoring systems, inadequate training and poor implementation of existing laws can leave children with disabilities particularly vulnerable.
"Abuse can happen to anyone, anywhere. But it continues because of poor safety standards, negligent parents, untrained teachers, weak monitoring with no accountability, and bad implementation of laws," she said.
Drawing on her experience in child protection, including several years as centre coordinator of Childline Dimapur, Kape said children with special needs are often among the most overlooked when protection systems fail.
"If the Supreme Court orders national guidelines, Nagaland must register and audit all children's homes, including those for children with special needs. But without strong monitoring and accountability, the rules will stay on paper," she said.
Further, Nakhro said that the case presents an opportunity for Nagaland to “step up and ensure our rehabilitation ecosystem is not just growing, but is safe, legal and accountable.”
“We cannot let our relief over having more services and centres blind us to the quality of care being provided,” she added.
(This report is facilitated by the LIC HFL Sarthak)