Supreme Court: In a public interest litigation (‘PIL’) concerning the State’s systemic apathy towards persons with neurodivergent conditions, including autism, cerebral palsy, dyslexia, and multiple disabilities, the division bench of B.V. Nagarathna and K.V. Viswanathan, JJ. issued notice to the Union of India and other main respondents
The petition challenges the gross non-implementation of key welfare legislations, including the National Trust Act, 1999.
The petitioners strongly criticized the authorities for failing to implement constitutional mandates, statutory protections, and international obligations under the United Nations Convention on the Rights of Persons with Disabilities (‘UNCRPD’) into real, actionable protections for disabled individuals. They highlighted several key issues: there are no dedicated centers for issuing Unique Disability ID cards, and there is no mandatory sensitization training for airline crew, airport security, or transport staff. As a result, neurodivergent individuals often face humiliation and distress.
Referencing international best practices, the petitioners pointed out that other countries have already made such training a requirement, while India has yet to adopt even the most basic safeguards. The petitioners also raised concerns about the “tokenistic” budgetary allocation for mental health, which receives only 2% of the national health budget, itself just 2% of the overall budget. They emphasised that many autistic individuals are highly gifted but are overlooked by a public system that fails to recognize their needs.
The Public Interest Litigation (PIL) calls for clear, time-bound judicial directions to ensure India’s disability rights framework aligns with both its legal obligations and moral responsibilities.
The matter will be next taken up on 29-08-2025.
[Action for Autism v. Union of India, Writ Petition(s)(Civil) No(s). 729/2025, decided on 08-08-2025]
Advocates who appeared in this case:
For Petitioner(s) :Mr. Anand Sharma, Adv., Ms. Shimpy Sharma, Adv., Mr. Vishwanathan Iyer, Adv., Ms. Pooja Sharma, Adv., Ms. Yeshasvi Shrivastava, Adv., Ms. Priya Pachouri, Adv.
Mr. Mohd. Arham, Adv., Ms. Priyanka Dubey, Adv., Dr. Vinod Kumar Tewari, AOR
