The Delhi High Court has directed the Delhi Government to file an affidavit explaining why it has not constituted the State Fund for Persons with Disabilities and what steps it has taken to fulfil its duties under the Rights of Persons with Disabilities Act, 2016. The direction came after the government expressed inability to provide a 24-hour male attendant to a child suffering from muscular dystrophy, a specified disability under the Act.

A division bench of Justice Subramonium Prasad and Justice Renu Bhatnagar was hearing an appeal filed by Smt Rani Devi, the mother of the child, challenging a Family Court order dated October 1, 2024. That order had dismissed her application seeking compliance with an earlier direction issued on July 20, 2022, which had required the District Magistrate, North East, and the Secretary of the Health & Family Welfare Department to provide the attendant. The government had stated that no scheme run by the Women and Child Development Department provided for a male attendant at the child’s residence.

The court observed that the government’s stance effectively amounted to abandoning its statutory responsibilities . "A perusal of the RPwD Act and the duties cast upon the State therein, does not indicate that the State can throw up its hand in despair ," the bench noted.

Government’s Inability Challenged

During the proceedings, Dr Amit George, counsel for the appellant, submitted that the child is covered under Section 2(zc) of the RPwD Act, which defines specified disabilities. He argued that under Section 5 of the Act, the government shall endeavour to ensure that persons with disabilities are provided with arrangements enabling them to lead a dignified life. This includes access to community support services and personal assistance necessary for living and community inclusion.

Counsel further drew attention to Section 88 of the Act, which mandates the establishment of a State Fund for Persons with Disabilities to provide financial support and welfare measures. The submission was that the government cannot evade its duty by claiming lack of manpower or absence of a specific scheme.

The court agreed that the provisions of the Act do not permit the government to give up on its obligations. The bench noted that the impugned order showed the state had "thrown up its hands" by expressing inability to provide manpower for fulfilling its duties under the RPwD Act.

Court’s Directive and Next Steps

The court directed the government to file a detailed affidavit within four weeks clarifying whether the State Fund under Section 88 of the RPwD Act has been constituted. The affidavit must also outline what steps are being taken to fulfil the responsibilities enumerated under Section 5 of the Act.

"The Government is directed to file an affidavit detailing as to whether the Fund as stipulated under Section 88 RPwD Act has been constituted or not and what steps are being taken by the Government to fulfill its responsibilities as enumerated under Section 5 of the RPwD Act ," the order stated.

The matter has been listed for further hearing on December 8, 2026. The court’s intervention comes at a time when families caring for children with severe disabilities often struggle to obtain adequate support from state machinery. The mother in this case had been pursuing the matter since 2022, when the Family Court first directed the authorities to provide the attendant.

The Delhi High Court ’s observation that the government cannot " throw up its hand in despair " underscores the binding nature of the statutory duties under the RPwD Act . The case highlights the gap between legislative intent and executive implementation , particularly in providing community-based support services for persons with disabilities.

The outcome of the next hearing will be closely watched by disability rights advocates, as it may set a precedent for how the Delhi Government allocates resources and fulfils its obligations under the Act. The court has made it clear that the state must actively work towards ensuring that persons with disabilities can live with dignity and receive the personal assistance they need.