J&K High Court Issues Notices Over Lack of Therapy and Medical Help for Children with Disabilities in UT
SRINAGAR — The High Court of Jammu and Kashmir and Ladakh has stepped in to address the severe neglect faced by children with special needs in the UT.
A bench comprising Chief Justice Dr. Pushpendra Singh Bhati and Justice Rajnesh Oswal issued formal notices in a Public Interest Litigation (PIL) filed by child and disability rights activist Zaheer Abbas Jan based in the capital city.
The court has sought detailed answers from government authorities regarding systemic gaps in early intervention, occupational therapy, and rehabilitation services across Jammu and Kashmir.
The High Court has put the administration on notice, seeking comprehensive replies from Health and Medical Education Department, Social Welfare Department, National Health Mission (NHM), the Composite Regional Centres (CRCs) in Srinagar and Jammu.
The high court has also slapped notice to the Ministry of Social Justice and Empowerment in New Delhi.
What the PIL Exposes
The petition highlights a massive disconnect between written government policies and ground-level execution, directly impacting children dealing with Autism, Spectrum Disorder, Down Syndrome, Cerebral Palsy, and speech-related conditions.
The Heavy Travel Burden: Families living in far-away, rural, and hilly regions—such as Doda, Poonch, Ramban, Kupwara, and Budgam—are routinely forced to travel long distances or temporarily relocate to Srinagar or Jammu just to secure basic therapies.
Severe Staff and Resource Shortages: Petitioner is armed with official hospital records and submissions (including those from GMC Jammu and IMHANS-Kashmir/GMC Srinagar), pleading that they all have previously admitted to prolonged shortages of trained personnel, unfilled professional posts, lack of dedicated physical space, and critical equipment deficits.
PIL has also exposed financial Exploitation and Private Costs that the parents of children have to pay. Because government hospitals and centers lack proper facilities, economically weaker families are left with no option but to spend heavily on private clinics, turning a basic healthcare right into an unaffordable luxury.
Ethical Concerns: The petition also flags troubling issues regarding informal or unauthorized referrals from public institutions to private clinics, inconsistent disability assessments, and the absence of strict regulatory oversight over Child Development Centres (CDCs).
Prayers and Demands Before the Court
Invoking Articles 14 and 21 of the Constitution alongside Sections 3, 25, and 27 of the Rights of Persons with Disabilities (RPWD) Act, 2016, the petitioner has asked the court to direct the administration to: Submit District-Wise Reports, Provide a transparent, verified breakdown of existing Early Intervention Centres (DEICs), professional vacancies, available equipment, and waiting lists across all districts.
Execute a Time-Bound Roadmap: Formulate a structured plan to establish functional multi-disciplinary rehabilitation units across all 20 districts of J&K and strengthen major medical institutions like Government Medical colleges and both CRCs.
Enforce Strict Standards: Implement clear referral policies, minimum functional standards, transparent grievance mechanisms, and lawful disability assessment protocols.
Parents Hope for Real Change
Following the High Court’s intervention, families across the region are hopeful that years of empty promises and lonely struggles are coming to an end.
With the administration mandated to file detailed reports on vacant posts, equipment shortages, and missing therapy units, accountability is finally on the table.
As the respondents prepare their official replies for upcoming hearings, parents and advocates are watching closely to see how the government plans to bridge the gap between paper policies and the actual needs of vulnerable children.
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