Dr. Seema Girija Lal

Articles

UPDATE 15TH DEC : Since RCI did not appear – Matter pushed to a later date!

December 2, 2025

UPDATE 15TH DEC : Since RCI did not appear - Matter pushed to a later date! We need more individuals/organisation to IMPLEAD ========== Gist of the Writ Petition (WP(C) 44472/2025) Why this writ was filed Because the recent RCI statutory warning (06 January 2025) and the Kerala Education Department’s follow-up directive (15 October 2025) have created a sudden and serious crisis. These orders threaten penal action against “any person serving Persons with Disabilities” without RCI registration. The phrase is undefined, and the ambiguity has triggered fear, withdrawal of services, and confusion across schools, community settings, therapy spaces, and inclusive programs . What the writ challenges These orders expand RCI’s scope far beyond the 1992 Act. Teachers, shadow educators, art/music/sports instructors, volunteers, parents, and community-based facilitators- none of whom fall under the statutory definition of “rehabilitation professionals” - are now unsure whether they are at risk of prosecution. This unlawfully widens RCI’s power and directly contradicts the inclusive, community-based, and rights-focused mandate of the RPwD Act, 2016 . Who is affected Anyone working with children or adults with disabilities in non-clinical roles, including: • Teachers and special educators • Shadow teachers and classroom assistants • Yoga, art, dance, music, theatre, sports and vocational trainers • Parent-run collectives, NGOs, and community volunteers • Para-athletics coaches and support teams • Families who rely on community support networks • Schools that provide inclusive education without specialised staff The ripple effect is severe, support systems are shrinking, schools are withdrawing help, and many fear legal consequences for routine inclusion work. This defeats Sections 16 & 17 of the RPwD Act, which require the State to expand, not restrict, inclusive education and community participation . How these orders harm the disability ecosystem • They create a “chilling effect”: people step back out of fear. • Inclusion becomes impossible because there are not enough RCI-registered professionals to meet real-world needs. • Schools may deny admission or participation, citing lack of RCI-certified staff. • Community-based, non-clinical, skill-building spaces collapse. • Parents, caregivers, and volunteers risk being criminalised for supporting their own children. This turns regulation into exclusion, the opposite of what RPwD and UNCRPD stand for . When this needs to be addressed The matter is listed for hearing on 15 December, and the Court will benefit from real, on-ground evidence from those affected. This is the window to place community experiences and sector realities on record. Why your inputs are necessary and urgent The Court needs to understand: • the practical impact of these orders, • how different groups are affected, • what gaps exist between RCI’s mandate and real-world inclusion work, and • how over-regulation is already causing withdrawal, fear, and service disruption. Email twctogetherwecan@gmail.com