Calcutta High Court rules mental illness disability cannot block legal guardianship
The Calcutta High Court's Single Judge Bench, in a ruling by Justice Krishna Rao, held that a person with chronic schizophrenia and 65 per cent certified disability cannot be denied legal guardianship consideration. The Court applied the Rights of Persons with Disabilities Act, 2016 alongside the National Trust Act, 1999, directing authorities to expedite the sister's guardianship application.
The case arose when a woman sought to become legal guardian of her brother, who suffered from chronic schizophrenia and could not make independent decisions. A Medical Board certified him with 65 per cent temporary disability, valid until December 2034. When the sister approached the District Magistrate and Social Welfare Officer seeking guardianship, she was told to obtain a certificate first. She faced difficulties registering on the National Trust's online portal for guardianship applications.
The Court's decision rejects the notion that technical barriers or procedural obstacles can prevent guardianship for persons with severe mental disabilities, emphasizing protection of rights under applicable disability and welfare laws.
