(New York) – Delhi authorities should follow the recommendations of a shelter’s board of directors and end the lifelong institutionalization of about 1,000 residents, Human Rights Watch said today. Most of those languishing in the government-run shelter, Asha Kiran (literally “ray of hope”), have been abandoned by their families and have no choice but to stay. “They’ve been here their whole lives,” one staff member said. “There’s no policy for them to leave.”
Asha Kiran’s Governing Council, at its final meeting in 2023, adopted groundbreaking recommendations including developing and implementing a time-bound action plan for deinstitutionalization and preventing further institutionalization of people with disabilities. This includes developing voluntary community-based assisted living services and other forms of support to enable people with intellectual and mental disabilities to live independently in the community. The Delhi government should ensure that these recommendations are implemented expeditiously.
“Unless the authorities take steps to provide community-based independent living solutions, most people will spend the rest of their lives languishing in Asha Kiran, locked up in overcrowded, squalid conditions with no hope of a better life,” said Shanta Rau Baliga, disability rights director at Human Rights Watch. “People should be forced to face indefinite detention simply because they have a disability. This is not how it should be. The council’s recommendation to invest in community-based services is a step in the right direction.”
There are hundreds of shelters for people with disabilities across India. On January 19, 2024, the Supreme Court of India ordered all states to report within eight weeks on the status of institutions for abandoned intellectually or mentally disabled children and adults, and is expected to issue further directions thereafter in response to ongoing petitions seeking civil society oversight of the institutions.
Human Rights Watch has visited Asha Kiran multiple times since 2013, most recently in May 2023. In our 2014 report and subsequent publications, we documented involuntary hospitalization, arbitrary and indefinite detention, overcrowding, poor sanitary conditions, denial of education, and a lack of adequately trained staff. In May, we spoke with male and female caretakers, several staff members, and several people with disabilities, and subsequently had multiple exchanges with Indu Prakash Singh, chair of Asha Kiran’s Governing Council, whose term expires on December 31, 2023.
As of early January 2024, Asha Kiran was home to about 1,000 men, women, and children, nearly double its capacity of 570. Senior management acknowledged “crowding” and explained that they were addressing the problem by demolishing vacant staff quarters, erecting a new six-storey building, and relocating the residents to similar facilities across India. There are hundreds of shelters for people with disabilities across India.
Human Rights Watch is concerned that, rather than redirecting funds to community-based services that support the right of people with disabilities to live independently, investments are being made in building new facilities and extensively renovating existing ones — an approach that runs counter to India’s obligations under international law, including the Convention on the Rights of Persons with Disabilities.
Detaining people with disabilities in an institution without their consent is a form of arbitrary detention. At Asha Kiran, residents are kept in wards with locked gates and have little or no opportunity to go outside and move around the institution. During a previous visit, most of the residents had not even gone outside for fresh air, due to the heat and concerns about the safety of construction workers inside the institution. Some staff and senior managers said the conditions were like living in a prison.
According to the female manager, during the visit in May 2023, staff and senior management expressed concerns about staff shortages, with many positions vacant at the time. Due to the nature of their disabilities, many residents require individualized support, but this is not possible due to staff shortages. Senior management recognized the need for other staff, such as occupational therapists, special needs educators, and music and craft teachers.
Human Rights Watch also found that many staff members lacked a positive and empowering attitude toward the children and adults housed at Asha Kiran. Some staff members referred to residents by derogatory names and viewed them as deprived of education or unable to reach developmental milestones. Senior managers acknowledged that staff would benefit from additional training, particularly on disability rights and rights-based approaches to support. “We are trying to raise awareness among staff, but we need more training. We want to know where we are lagging behind,” one staff member said.
Of the more than 200 children enrolled at the facility as of May 2023, fewer than 40 boys and girls were attending school, according to interviews with staff members.
The facility also provides vocational training, but does not accommodate people with what it describes as “severe or profound” intellectual disabilities or those who suffer from seizures. Most wards at Asha Kiran have televisions and board games, but Human Rights Watch observed that most residents simply loiter or sit idle, which may contribute to the deterioration of their condition and to severe boredom and helplessness.
International law and India’s Right to Free and Compulsory Education for Children Act, 2009 stipulate that primary education is free and compulsory for all children between the ages of 6 and 14. Under international law, secondary education should be available without discrimination and the right to education includes early childhood education. This rule should apply equally to all intellectually and mentally disabled children living in institutions like Asha Kiran’s.
Indu Prakash Singh, outgoing chairperson of Asha Kiran’s governing council, told Human Rights Watch, “All Asha Kiran residents have rights and freedoms, and all staff have a role to play in advancing their rights and dignity. Having a disability is not the end of life.”
In November 2023, the city council agreed to raise staff awareness to combat existing biases and prejudices and promote attitude change. It also agreed to train staff on how to care for residents, including strategies to respond appropriately to aggressive behavior. In December, a group of local children’s rights and disability rights organizations provided a two-day training session focused on raising staff awareness of disabilities.
Additionally, the Council agreed to provide residents with access to appropriate and adequate education and vocational training, including special educators with the expertise to develop individualized education plans for children and adults with high needs.
Ultimately, the Council decided to organize a study trip for Asha Kiran’s senior management to learn about good practices in deinstitutionalization, family reunification, community integration and support systems, and prevention of further institutionalization in India, with the aim of applying what was learned at Asha Kiran.
“The Indian government has an opportunity to set an example by changing its approach, for the benefit of thousands of people with disabilities and in line with its international legal obligations,” Baliga said. “Instead of locking people with disabilities away, it should invest in community services, adoption and family reunification, and follow good practices in other parts of India.”