Court says people with Down Syndrome entitled to protections, quashes order denying father guardianship

The Kerala High Court held that persons with Down Syndrome are entitled to protections under the National Trust Act, 1999, and directed reconsideration of a father’s guardianship application. (Image enhanced by AI)

The court observed that the communication rejecting the father’s plea was arbitrary, demonstrated a lack of proper consideration of the relevant material, the court said. 

Failure to follow statutory procedure

The court found that the authority had rejected the application without following the procedure prescribed under the Act, the Rules, and the Regulations. 

In light of the statutory provisions, medical literature and disability certificates issued by competent authorities, the court found that the district collector’s conclusion that Down Syndrome did not fall within the scope of the Act was erroneous. 

The court noted that none of the mandatory requirements prescribed under the statute had been complied by the district collector while deciding the application. 

Examining the provisions of the Act, the court noted that the statute covered persons with intellectual disabilities and provided a mechanism for the appointment of guardians when necessary.

The court also referred to the guidelines issued under the Rights of Persons with Disabilities Act, 2016, which recognise intellectual disability as a specified disability requiring evaluation and certification.

Further, the court relied on medical literature, including the IAP Handbook of Development and Behavioural Pediatrics, which identifies Down syndrome as the most common genetic cause of intellectual disability.

Taking note of the disability certificates placed on record, the court found that the petitioner’s daughter had been certified as having intellectual disability attributable to Down Syndrome.

The court therefore held that the district collector’s conclusion was unsustainable.

Background

• The petitioner approached the authorities seeking guardianship of his daughter, who was born in 2004 and has been diagnosed with Down Syndrome.
• Disability certificates issued by competent authorities recorded that she has a permanent intellectual disability of 55 per cent. 
• According to the petitioner, his wife left the matrimonial home in December 2024 along with their daughter.
• Claiming that his daughter required continuous care, protection and support, he applied before the district collector seeking appointment as her guardian under the National Trust Act.
• The application was, however, rejected because Down Syndrome does not fall within any of the disability categories recognised under the Act.
• Aggrieved by the decision, the petitioner moved the high court.

Final Directions

The court quashed the communication, rejecting the guardianship application, and directed the district collector and competent authority to reconsider the father’s application in accordance with the law.

The court directed the exercise to be completed within three months.

(Aparajita Prasad is an intern with The Indian Express)