SC Seeks Centre’s Response on Plea Alleging Apathy Towards Neurodivergent Individuals

The Supreme Court on Friday issued notices to the Centre and key authorities in response to a public interest litigation (PIL) alleging persistent institutional apathy and systemic failure in upholding the rights and welfare of persons with neurodivergent conditions such as autism, cerebral palsy, and multiple disabilities.

A bench comprising Justices B V Nagarathna and K V Viswanathan agreed to hear the plea filed by the NGO Action for Autism, which raised serious concerns over the alleged non-implementation of several welfare legislations, including the National Trust Act, 1999. The petitioner argued that the government had failed to meet constitutional, statutory, and international obligations for persons with conditions such as autism, dyslexia, and other neurodevelopmental disorders.

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“We will issue notice to the first five respondents (Centre and others). We will keep the states separately for the time being,” the bench said, posting the matter for hearing on August 29.

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The PIL also sought interim relief, citing urgent needs such as the lack of dedicated centres for issuing Unique Disability IDs (UDID) to persons with autism and related conditions. “It is very difficult for persons with neurodivergent conditions to travel unless urgent steps are taken to sensitise and orient staff, particularly airline crew and airport authorities,” the petitioner’s counsel submitted.

The bench questioned whether the petitioners had offered any constructive suggestions or referred to international best practices. “PIL does not only mean you raise the problem,” Justice Nagarathna remarked. In response, the counsel said the plea indeed detailed global standards and recommendations, noting that countries across the world provide mandatory training to airport and railway staff to handle neurodivergent individuals with sensitivity.

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The petitioner highlighted instances where neurodivergent individuals were subjected to distressing treatment during security checks, and pointed out the dismal budgetary allocation for mental health — only two percent of the national health budget, which itself accounts for a mere two percent of the total budget.

The plea also emphasised that many autistic individuals are highly gifted, but face severe limitations in communication and social interaction due to lack of support and awareness in public systems.

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