State must exercise parens patriae jurisdiction for mentally disabled adults without family support: Madras High Court

The Madras High Court recently held that the State is duty bound to extend its parens patriae jurisdiction and take care of adults with mental health illnesses, who have no family support..As per the Parens patriae doctrine, the State is given the responsibility of taking care of persons who are unable to take care of themselves like orphaned children, persons with disabilities, senior citizens etc.In an order passed on June 10, Justice GR Swaminathan of the Madurai bench directed the Tamil Nadu government to provide “lifelong accommodation and medicare” to a 20-year-old mentally disabled man.The Court was hearing a petition filed by the man’s parents, who are daily wage labourers. The petitioners told the Court that they neither have the financial resources nor the emotional capacity to continue taking care of their son..The Court noted that Rights of Persons with Disabilities Act, 2016 provided mandate that the State is bound to take care of such children with disabilities who do not have parents, extended family or a guardian to support them.Such provision can be extended even to adults with disabilities and without any family support, Justice Swaminathan said. .“Though a literal reading of the provision (Rights of Persons with Disabilities Act) would make the aforesaid provision applicable only to a child with disability lacking family support, the same can be extended even to adults suffering from mental disability who lack family support. Section 25 of the Act mandates that there should be measures providing for healthcare for the persons with disabilities,” the Court said..In the present case, the Court noted that the parents wanted the State to take responsibility for the upbringing of their adult son. Given that 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 impose some liability on the State’s part to take care of the affected persons, Justice Swaminathan said that the prayer made by the petitioners in the present case can be granted..“The petitioner wants the State to take responsibility for the upbringing of his son. The moot question that arises for consideration is whether the State can be saddled with liability in such cases. My answer is “yes”. State has to exercise its parens patriae jurisdiction in the case of mentally disabled who are without family support,” Justice Swaminathan said..The Court also issued a slew of directions to both the Tamil Nadu government and the Union government to ensure that adequate infrastructure facilities and medical care are provided to persons with physical disabilities as well as with mental health illnesses..Advocate N Balasubramanian appeared for Gurunathan, the petitioner in the case.Government Advocate P Thambidurai appeared for the respondent Tamil Nadu government and its Department of Health and Family Welfare..[Read Order]