The main legal point established in the judgment is the necessity of appointing a legal guardian for persons with disabilities under Sec.14 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999, and the process to be followed by the Local Level Committee in making this appointment.

ORDER :

ALEXANDER THOMAS, J.

Heard Sri. R.Krishna Raj learned Advocate instructed by Smt. E.S.Soni, learned counsel appearing for the petitioner, Sri.Saigi Jacob Palatty, learned Public Prosecutor appearing for the respondents 1 to 3, Sri, Santhosh P.Poduval learned Standing Counsel appearing for the Thrikkoor Grama Panchayat appearing for 4th respondent. Though respondents 5 and 6 had been duly served with notice, the said parties have not entered appearance through counsel, however, we have interacted with the representatives of 5th respondent.

2. On 23.3.2023, we have passed an order and paragraph 2 thereof reads as follows:-

“2. Learned Prosecutor will get instructions in the matter, more particularly on the matters relating to the issuance of Ext.P4 proceedings dated 07.01.2015 which is said to be the proceedings relating to the appointment of a legal guardian for the autistic ward in terms of the provisions contained in Sec.14 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. The District Collector, Thrissur, will ensure that effective and proper enquiry is effected either by him personally or by an officer authorized by him, not below the rank of Sub Collector/RDO/Deputy Collector as to the present living condition of the alleged detenue (Ms.S.Priya, who is the autistic ward, daughter of the petitioner), whether she was being properly taken care of by R6, when the autistic ward was residing with R6.

3. The Official respondents no. 1 to 3 will ensure that a video conferencing facility is arranged with R5 to enable this Court to directly interact with the autistic ward (alleged detenue) on the next posting day. Petitioner will also be present to attend the above video conferencing session in the premises of R5 on the above day.

4. Counsel for the petitioner will also ensure that a legible copy of Ext.P4 dated 07.01.2015 is made available for the perusal of this Court in the next posting date.

List on 31.03.2023.”

3. Today, the learned Public Prosecutor has submitted on instructions from the Sub Collector, Thrissur, as per the letter dated 30.3.2023. The Health report on the autistic ward of the petitioner has been described therein as follows:-

“As per reference (1), the patient has been treated at Jubilee Mission Hospital, Thrissur on 20/3/2023 under supervision of doctors Dr Sanoj P Paulose and Dr Shyama. A consultation was also held by Dr Shaju George as consultant psychiatrist (outside hospital) on 18/3/2023. Daily medicine was prescribed as follows: Sodium Valproate, Shelcal, Vitamin D3, Lorazepam, Opec. The patient was diagnosed with extreme bed sores in upper part of buttocks and a black fungal infection in the back part of the body. Multiple Fractures were evident at the hip as per doctor's verbal claim and analysis of X- ray report. There is a plaster-cast covering from toe to shin bone area in both the legs. The patient is in bedridden stage and cannot move at all. The patient needs urgent medical attention.

Priya S was admitted to the Grace Home Charitable Society on 2/3/2023 at 11 PM. As part of enquiry, Priya S was visited in that institution on 28/3/23 by this office. Priya S had responded to some questions asked either by facial expressions or verbal cues - specially to questions like name of herself, father i.e. Salim, mother and sisters. She also expressed her preferences in food by nodding her head and eye, facial movements. While her condition is bed-ridden and in extremely bad situation, her bed sores were well-dressed, and the room was neat and clean and odourless. It was informed that her diapers were changed regularly and special efforts were undertaken to ensure cleanliness and comfort of Priya S”.

4. Further, the said letter of the RDO also contains the report of the police authorities and the same reads as follows:-

“As per reference (4), there was continuous fighting and issues with stepmother i.e. Shobhna, stepmother's sister