Legal guardian rule also covers acquired disabilities: Madras HC

Justice GR Swaminathan made these observations while allowing a petition filed by a man from Madurai, who sought to be appointed as a legal guardian for his schizophrenic sister.
Madurai Bench of Madras High Court. (File photo)
Madurai Bench of Madras High Court. (File photo)

MADURAI: The Madurai Bench of the Madras High Court on Tuesday held that the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (Central Act 44 of 1999), which contains provisions for appointing legal guardian for persons with disabilities, is also applicable for acquired disabilities or mental illnesses. 

Justice GR Swaminathan made these observations while allowing a petition filed by a man from Madurai, who sought to be appointed as a legal guardian for his schizophrenic sister. The man had filed the petition after his request was rejected by the authorities on the sole ground that there is no provision under the Central Act  for it, the judge noted.

He clarified the institutional framework laid down in Central Act 44 is not confined only to persons with autism, cerebral palsy and mental retardation, which are congenital in nature. He also observed that while dealing with beneficial legislations, the court’s approach must be to adopt the one that would empower the targeted categories. “The 2016 Act now recognizes 21 specified disabilities and enables the union government to add further categories,” the judge observed.
 

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