INTRODUCTION
Individuals with autism and developmental disabilities need lifelong support to lead dignified and fulfilling lives. Developmental impairments and autism impact people throughout their lives. As a result, they require steady assistance. Therefore, the State has a duty to provide a well-structured support mechanism for these individuals.
The Constitution of India also guarantees the right to life with dignity under Article 21 and the right to equality under Article 14 by acknowledging the requirement for proactive measures to ensure equal opportunities and results for all.[1] The right to live with dignity is guaranteed under Article 21 and includes chances for personal growth, healthcare, and education. At the same time, Article 14 encourages substantive equality by mandating that the State take proactive, differentiated action to address the particular difficulties that these people encounter. As a result, guaranteeing inclusive policies, support systems, and reasonable accommodations is not just a welfare goal but also a constitutional requirement meant to achieve true equality and dignity.
When family care is not sufficient or unavailable for persons with autism and developmental disabilities, in such situations, care homes play a vital role. Finding suitable residential arrangements for persons with autism and developmental disabilities can be an overwhelming and complex task. Families often pay significant amounts of money for high-quality care homes specialising in services for individuals with autism and developmental disabilities.
WHAT IS AUTISM?
Autism is also known as autism spectrum disorder, which includes a diverse group of conditions related to the development of the brain. They are characterised by some degree of difficulty with social interaction and communication. The abilities and needs of autistic individuals vary and can evolve.[2]
CHALLENGES FACED BY PERSONS WITH AUTISM AND INTELLECTUAL DISABILITY IN DAILY LIFE
Communication and interaction skills: Social communication and interaction skills can be challenging for people with ASD. Children with autism may face problems while communicating with others. If they also have an intellectual disability, they may have trouble expressing their emotions, thoughts, or needs. Some children may struggle to understand body language or social rules, while others may not speak at all. This can include avoiding or not maintaining eye contact. This can result in indirect discrimination when institutions fail to accommodate these needs.
Difficulty in Learning: It can be hard for a person with intellectual disability to learn new things or apply what they have learned. Therefore, they may need more or extra help to complete tasks and to understand concepts.
Repetitive Behaviour: Apart from communication problems, they may have some repetitive behaviours and interests, like flapping their hands or repeating certain phrases. They may get upset by minor changes like changes in their daily routine. Lines up toys or other objects and gets upset when the order is changed. It can be a more problematic situation, and it can be hard to control their emotions or reactions when the person also has an intellectual disability.
Independence: Autism and intellectual disability can affect a person’s daily life. They might need ongoing support to manage their daily tasks like getting dressed, managing money, or cooking meals.[3]
THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016
To safeguard the human rights and dignity of people with disabilities, the Rights of Persons with Disabilities Act, 2016, has granted some rights to individuals with autism and intellectual disabilities.
- Respect for inherent dignity, individual autonomy, including the freedom to make one’s own choices, and independence of people;
- Full and effective participation and inclusion in society
- Non-discrimination
- Equality of opportunity
- Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity
- Accessibility in voting
- Access to justice
- Equality between men and women
- Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities
- Reproductive rights
- Protection from cruelty and inhumane treatment
- Protection from abuse, violation, and exploitation[4]
NEED FOR REGULATION OF CARE HOMES
To protect all the rights of individuals with autism and developmental disabilities that are provided in the Rights of Persons with Disabilities Act, 2016[5], it is very important to establish regulations for care homes.
Recently, before the Supreme Court of India in 2025, a plea was filed by the NGO Hrdya Saras Foundation and others, addressing the vulnerabilities of persons with autism and intellectual disabilities. This PIL exposed rampant abuse, neglect, and commercial exploitation in residential care homes. The conditions described in residential care homes marked by neglect, abuse, and commercial exploitation constitute a direct infringement of the right to life with dignity under Article 21 and the right to equality under Article 14 of the Constitution.
Judicial precedents have consistently expansively interpreted Article 21 to include the right to live with dignity, humane conditions, and protection from exploitation. In this context, the unregulated functioning of such institutions reflects a dereliction of the State’s positive obligations, particularly under the Rights of Persons with Disabilities Act, 2016, which mandates the protection, rehabilitation, and social inclusion of persons with disabilities. This petition portrays the harsh reality of institutional care facilities in India. According to this petition, these care homes were operated by government entities, charitable organisations, and private players. These institutional care facilities are now becoming sites of exploitation rather than shelters of support. This petition pointed out the unregulated nature of these care homes.
Families who desire better care facilities to ensure the safety and security of their loved ones often pay significant amounts, coupled with one-time deposits. Yet, as the PIL details, residents are routinely denied necessities. Even after paying heavy charges, they are not getting their necessities fulfilled; they are denied regular nutritious food, timely medical check-ups, access to medicines, or the presence of trained caregivers who can understand the special needs of persons with autism and intellectual disabilities. The standard of care provided is often extremely poor.[6] Multiple reports from across India have exposed shocking instances of mistreatment within these institutions.
An article published in The Times of India titled “Punjab Commission flags exorbitant deposit, lack of transparency at group home for disabled” sheds light on violations of human rights and access to care for people with intellectual disabilities. The Punjab State and Chandigarh (UT) Human Rights Commission has criticised the admission conditions imposed by Group Homes for individuals with intellectual disabilities in Sector 31. The high security deposit and mandatory legal waiver created financial and legal barriers to admission. It gradually weakens the rights of persons with intellectual disabilities to dignified, accessible, and non-discriminatory care. Such conditions may also constitute unfair contractual practices and coercion. Arising issues across the country related to this subject matter are raising concerns about constitutional principles of equality and dignity.[7]
CONCLUSION
Care homes are not just living spaces; they are environments where the dignity and rights of individuals with autism and developmental disabilities are protected. The difficulty in communication and social interaction can often make it hard for them to report abuse. They are perceived as easy targets for abuse. That’s why it has become necessary to formulate comprehensive guidelines for the care, rehabilitation and protection of such persons across the country.
Author’s Name: Shreya Berulkar (Narayanrao Chavan Law College, Nanded)
References:
[1] Constitution of India 1950, art 14, art 21
[2] WHO, ‘Autism Spectrum Disorder’ <https://www.who.int/news-room/fact-sheets/detail/autism-spectrum-disorders> accessed 6 Jan 2026
[3] Tejasvi Parekh, ‘Autism and Intellectual Disability: A complete Guide for Families & Caregivers’ <https://share.google/ki5c8RLERPqnXAP5Q> accessed 06 Jan 2026
[4] Rights of Persons with Disabilities Act 2016
[5] Ibid
[6] Action for Autism v Union of India & Ors, WP (C) No 729/2025
[7] ‘Punjab commission flags exorbitant deposit, lack of transparency at group home for disabled’ The Times of India (9 May 2025)
