State Should Exercise Parens Patriae Jurisdiction For Mentally Disabled Without Family Support: Madras High Court

The Madras High Court has observed that the State is expected to take care of the mentally disabled persons who are without any family support. The court added that though Section 9(2) of the Rights of Persons with Disability Act deals with a child with disability lacking family support, the provisions could be extended to even adults who are suffering from mental disability and are lacking family support. Justice GR Swaminathan thus came to the rescue of a father, whose son was suffering from mental illness. The court directed the Deputy Director of Directorate of Public Health, The Chief Administrative Officer of Tamil Nadu Institute of Mental Health and the Dean of Tirunelveli Medical College to take appropriate steps to take the couple's son in their custody and provide lifelong medicare to him. “The State has to exercise its parens patriae jurisdiction in the case of mentally disabled who are without family support. When the State fails to exercise its duty, the constitutional Court exercising jurisdiction under Article 226 of the Constitution of India will direct the authorities to discharge the aforesaid function,” the court said. The father had approached the court to direct the authorities to take their son as an in-patient for speedy recovery and the prospective health. The court noted that the father was a daily wager and was unable to support his son. The court noted that as per the Rights of Persons with Disabilities Act, the Government was to ensure that all persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others. The court added that the Mental Healthcare Act 2017 was also brought in to provide mental healthcare and services for persons with mental illness and to cater to their needs. Further, The National Trust for Welfare of Perons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 wasa also enacted by the centre which provided for constituting a Trust at the national level for welfare of the persons with mental disabilities. The court noted that it was the duty of the Central and the State government to ensure that these legislations were implemented in letter and spirit. The court noted that some NGOs were setting up shelter homes and relieving the state of its primary burden. The court added that the State should liberally support these NGOs financially so that the inmates can survive decently and get requisite medical care. The court also stressed that the institutions be manned fully and have a board of visitors entitles to conduct surprise inspections and interview the inmates. While the court remarked that it was not possible to elaborate the functioning of the shelter homes beyond a certain point, it added that the government was expected to come out with appropriate policies and regulations for the same. Counsel for the Petitioner: Mr.N.Balasubramanian Counsel for the Respondents: Mr.P.Thambidurai, Government Advocate Citation: 2024 LiveLaw (Mad) 241 Case Title: Gurunathan v The Deputy Director and Others Case No: W.P.(MD)No.10956 of 2024Click here to read/download the judgment

State Should Exercise Parens Patriae Jurisdiction For Mentally Disabled Without Family Support: Madras High Court

Upasana Sajeev

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