.webp "Madras High Court: State's Duty to Exercise Parens Patriae Jurisdiction for Mentally Disabled Adults without Family Support")
The Madras High Court recently underscored the State's obligation to care for mentally disabled adults lacking family support, invoking the parens patriae doctrine. This principle mandates the State to protect individuals who cannot care for themselves, such as orphans and those with disabilities. Justice GR Swaminathan directed the Tamil Nadu government to provide lifelong accommodation and medical care to a 20-year-old mentally disabled man whose parents, daily wage laborers, lacked the resources to support him.
The Court's ruling emphasized that the Rights of Persons with Disabilities Act, 2016, obligates the State to care for children with disabilities without family support, a provision that should extend to adults with similar conditions. Justice Swaminathan highlighted Section 25 of the Act, which mandates healthcare measures for persons with disabilities, arguing that the State must fulfill this role for adults lacking family support.
In the case presented, the parents requested that the State take responsibility for their son's care. Justice Swaminathan affirmed this request, stating that the State must exercise its parens patriae jurisdiction in such situations. This decision aligns with the provisions of 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, all of which impose a duty on the State to support affected individuals.
The Court issued directives to both the Tamil Nadu and Union governments to ensure adequate infrastructure and medical care for individuals with physical and mental disabilities. This ruling reinforces the judiciary's role in advocating for the rights and welfare of vulnerable populations, urging the State to fulfill its responsibilities under the law.
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