This Supreme Court judgment establishes a comprehensive monitoring framework, “Project Ability Empowerment,” to audit state-run disability care institutions nationwide. It directs compliance with the Rights of Persons with Disabilities Act, 2016, emphasizing substantive equality, accessibility, and community living. The Court also mandates a review of reservation policies to include “upward movement” for meritorious disabled candidates.
Facts Of The Case:
The litigation originates from two consolidated petitions. The first, a 1998 Writ Petition by the Justice Sunanda Bhandare Foundation, sought the enforcement of the Persons with Disabilities Act, 1995, specifically demanding the implementation of reservation for persons with visual disabilities in teaching posts. The second case began as a Special Leave Petition (later a Civil Appeal) filed by Reena Banerjee, concerning the deplorable conditions, including overcrowding, abuse, and custodial deaths, at Asha Kiran, a state-run home in Delhi for persons with cognitive disabilities. This petition highlighted systemic failures in institutional care across the country. The Supreme Court, recognizing the national scope of the issues, impleaded all State Governments and Union Territories. It constituted an Advisory Group Expert Panel, whose report on the state of care institutions formed the basis for the Court’s directives. The case culminated in the Court’s 2025 judgment, which addressed both the broader implementation of disability rights law and the specific reforms needed for institutional care.
Procedural History:
The procedural history of this case involves the consolidation of two separate legal actions. The first was a Writ Petition (Civil) No. 116 of 1998, filed before the Supreme Court, which primarily sought the enforcement of the Persons with Disabilities Act, 1995. In 2014, the Court issued a judgment directing all States and Union Territories to fully implement the Act, but subsequent compliance was lacking, leading to repeated directives. The second was a Civil Appeal (No. 11938 of 2016), which originated from proceedings concerning the conditions at the Asha Kiran Home in Delhi. This appeal was expanded by the Supreme Court in 2015 to include all States and Union Territories, and in 2016, the Court issued directions for reforming such institutions nationwide. The two cases were tagged together in 2018. Following the submission of a report by a Court-appointed Advisory Group Expert Panel, the Court delivered the present 2025 judgment, establishing “Project Ability Empowerment” for nationwide monitoring.
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Court Observation:
The Court observed that disability is a form of human diversity and that accessibility is a fundamental constitutional principle essential for meaningful equality. It noted a systemic failure by States and Union Territories to comply with statutory mandates and judicial directions under the disability rights framework, demonstrating a “lackadaisical” and “cavalier” attitude. The Court emphasized that the absence of accessible infrastructure and inclusive institutional design transforms constitutional rights into hollow promises. It further critically reflected that an equality framework for persons with disabilities must be anchored in inherent dignity and autonomy, moving beyond productivity-centric paradigms and ensuring that affirmative action, like reservation, genuinely reaches the most disadvantaged.
Final Decision & Judgement:
The Supreme Court’s final decision established “Project Ability Empowerment,” a nationwide monitoring exercise to be conducted by eight National Law Universities in conjunction with an expert panel. The project will audit all state-run care institutions for persons with cognitive disabilities across specified parameters, including resident care, accessibility, rights protection, and staff resources. The Union and State governments were directed to provide full logistical and financial support. Furthermore, the Court mandated the Union of India to explain its position on allowing “upward movement” for meritorious disabled candidates in reservations to prevent the policy from being counterproductive. The matter was listed for March 2026 to receive the project’s consolidated report.
Case Details:
Case Title: Reena Banerjee and Another versus Government of NCT of Delhi and Others Citation: 2025 INSC 1101 Appeal Number: Civil Appeal No. 11938 of 2016 Date of Judgement: September 12, 2025 Judges/Justice Name: Justice Vikram Nath and Justice Sandeep
Download The Judgement Here