Non-citizens cannot be appointed guardian of persons with disabilities: Delhi High Court
The Delhi HC passed a judgement on 13th February, 2023. This was seen in the case of SUNIL PODAR Vs. THE NATIONAL TRUST FOR WELFARE OF PERSON WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES AND ANR. 2023/DHC/000987 and he case was presided over by Hon’ble Chief Justice and Justice Yashwant varma
FACTS OF THECASE:
The Court was hearing a plea by an American citizen named Sunil Podar seeking a direction to be appointed guardian of his adopted son who suffers from 90% disability.In this case upheld that the validity of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2000 as well as Board of the Trust Regulations, 2001 so far as they restrict a foreign national from being appointed guardian of a person with disabilities.
JUDGEMENT :
A division bench of Chief Justice Satish Chandra Sharma and Justice Yashwant Varma upheld the rules and regulations saying that they do not travel beyond the scope of the authority conferred under the Act and that the Central Government as well as the Board of Trustees were empowered to prescribe the qualifications of a guardian.
“Not only would the appointment of a person who is neither a citizen of the country nor ordinarily residing herein give rise to serious apprehensions and leave the authorities grappling with various imponderables and a state of continued uncertainty, it would also impede the discharge of the monitoring obligation placed upon the statutory authorities,” the bench said.
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Judgement reviewed by Drishti verma