Parliament In Its Wisdom Permits Only Limited Not Permanent Guardianship For Mentally Disabled Person Under PwD Act: Kerala HC

Justice C.S. Dias clarified that this is because the office of guardianship operates on a mutual understanding and trust between the guardian and the person with a disability, intended for a specific purpose or situation.

“On an analysis of the scheme of the Disabilities Act, a person can only be appointed as a limited guardian because the office of guardianship operates on a mutual understanding and trust between the guardian and the person with a disability for a specific purpose or situation or to take a particular decision in accordance to the will of the person with a disability. Presumably, it is in the above context that the Parliament, in its wisdom, has only permitted limited guardianship and not permanent guardianship. Therefore, the concept of permanent guardianship is alien to the Disabilities Act. Similarly, there is no provision under the National Trust Act to appoint a guardian for a person with mental illness.”

In the facts of the case, the petitioner-wife has approached the Court for declaring her as the permanent legal guardian of her husband who was suffering from 45% permanent disability due to bipolar affective disorder for obtaining family pension.

Initially, the petitioner-wife was appointed as limited guardian under the Rights of Persons with Disabilities Act of 2016.

After its expiry, she had to approach the High Court since the Local Level Committee constituted under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act of 1999 stated that there is no provision under the Act to appoint a legal guardian for a person with a disability. It was also stated that there is no enactment that enables the appointment of a permanent legal guardian for a person with mental disability.

The petitioner contended that she had to approach the High Court since no law enables for an appointment of permanent legal guardian for a person with a mental disability.

The Court referred to the Disabilities Act and noted that the District Court or the designated Authority permits for appointment of limited guardian for a person with mental disability.

It noted that the Disabilities Act does not permit for the appointment of a permanent legal guardian for a person with mental disability. The Court also found that the National Trust Act also does not provide for the appointment of a legal guardian for a person with mental illness.

The Court thus noted that the petitioner-wife could seek an extension for the limited guardianship or approach the District Court for appointment of a limited guardian as per Section 14 (provision for guardianship) of the Disabilities Act.

Case Title: Bindumol A T v Union of India

Case No: WP(C) NO.25127 OF 2024