According to a recent ruling by the Madras High Court, the State has an obligation to expand its parens patriae jurisdiction and provide care for people suffering from mental health disorders who lack family support.
The Parens patriae doctrine assigns the State the duty of caring for people who are unable to care for themselves, including as elderly people, disabled people, and orphaned children.
A 20-year-old man with mental disabilities was ordered by Justice GR Swaminathan of the Madurai bench to receive “lifelong accommodation and medicare” on June 10.
The man’s parents, who work as daily wage laborers, filed a petition with the court. The petitioners informed the court that they are unable to continue caring for their kid because they lack the necessary mental and financial resources.
The Court observed that the Rights of Persons with Disabilities Act, 2016 mandated that the State provide care for these disabled children in the absence of guardians, parents, or other family members.
According to Justice Swaminathan, such a provision can be extended even to adults with impairments who do not have any family support.
Although the Rights of Persons with Disabilities Act would only apply to a disabled kid without family assistance if it were taken literally, this clause can also apply to adults with mental health disabilities who do not have family support. The Court stated that Section 25 of the Act requires policies to be in place that provide healthcare for people with disabilities.
In this instance, the Court observed that the parents desired that the State assume parental responsibility for their grown son’s upbringing.
Justice Swaminathan stated that the petitioners’ prayer in this case can be granted because the State is obligated to provide care for the affected individuals under the Rights of Persons with Disabilities Act, the Mental Healthcare Act of 2017, and the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.
“The petitioner desires that his son’s upbringing be handled by the State. Whether the State is liable in these situations is a moot matter that needs to be addressed. “Yes,” is how I respond to that. In the event of mentally handicapped people who do not have family support, the state must use its parens patriae jurisdiction, according to Justice Swaminathan.
In order to guarantee that people with physical impairments and mental health disorders receive the proper infrastructure and medical care, the Court has issued numerous directives to the governments of Tamil Nadu and the Union.
Attorney N Balasubramanian represented the petitioner in the case, Gurunathan.
The respondent Tamil Nadu government and its Department of Health and Family Welfare were represented by government advocate P Thambidurai.
Case Name – Gurunathan vs The deputy Director
NAME – Karubaki Mohanty, B.A.LLB, SOA NATIONAL INSTITUTE OF LAW, BHUBANESWAR, INTER UNDER LEGAL VIDHIYA
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