Down Syndrome constitutes an intellectual disability under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999, warranting consideration for legal guardianship upon due application and procedural compliance.

JUDGMENT :

C.S. DIAS, J.

1. The petitioner is the husband of the 4^th respondent and the father of the 3^rd respondent. The 3^rd respondent was born on 18.05.2004. Ext.P1 Standing Disability Assessment Board Certificate substantiates that the 3^rd respondent is disabled with Down Syndrome and her disability is of a moderate category. Ext.P2 disability registration certificate issued by the Ministry of Social Justice and Empowerment evidences that the 3^rd respondent is a person with intellectual disability of 55 per cent. The petitioner asserts that on 22.12.2024, the 4^th respondent left the matrimonial home, along with the 3^rd respondent, without any justifiable cause. It is his case that the 4th respondent has no independent source of income. Despite lodging complaints with the Police, no effective action has been taken. As the 3^rd respondent has Down Syndrome and requires continuous care and protection, the petitioner submitted Ext.P8 application before the 1^st respondent to appoint him as the legal guardian of the 3^rd respondent as per the provisions of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (for short, “the Act”). However, by Ext.P9 communication, the 1^st respondent rejected the application on the premise that Down Syndrome does not fall within any of the categories of disability recognised under the Act. Aggrieved thereby, this writ petition is filed.

2. The respondents 3 and 4 have filed a counter-affidavit opposing the writ petition. They contend that the petitioner has been maintaining an unnatural relationship with a 22-year-old male. The petitioner has also subjected the 4^th respondent to matrimonial cruelty. It is further contended that, as the 3^rd respondent has attained majority, she is entitled to decide with whom she wishes to live. It would neither be desirable nor conducive to the welfare of the 3^rd respondent to compel her to live with the petitioner. Therefore, the writ petition may be dismissed.

3. In the reply affidavit, the petitioner has categorically denied the allegations levelled against him. He has reiterated that he has been denied access to his daughter. According to him, the 3^rd respondent requires his care, affection and support. Her welfare would be secured by appointing him as her legal guardian.

4. I have heard Sri. Dileep S. Kallar, the learned counsel for the petitioner; Sri. Joseph Chandy, the learned counsel appearing for respondents 3 and 4; Sri. K.R. Ranjith, the learned Government Pleader; and Smt. Sathyasree Priya Easwaran, the learned Amicus Curiae.

5. The point is whether the 1^st respondent was justified in rejecting Ext.P8 application on the ground that Down Syndrome is not a disability falling within the purview of the Act.

6. In Ext.P8 application, the petitioner had specifically asserted that the 3^rd respondent suffers from 55% disability on account of Down Syndrome and, therefore, the petitioner may be appointed as the guardian of his daughter to protect her welfare and best interest. In support of the application, the petitioner produced Exts.P1 and P2 certificates. Nevertheless, the 1^st respondent summarily rejected the application on the ground that Down Syndrome is not a disability falling within the framework of the Act.

7. To appreciate the correctness of the above conclusion, it is necessary to advert to the relevant provisions of the Act, particularly the preamble of the Act, Sections 2(g), 2(h), 2(j), 2(o) and 14, together with Rule 16 of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2000 and Regulations 11 to 13 of the Board of the Trust Regulations, 2001.

7.1. The Preamble of the Act reads thus:

“An Act to provide for the constitution of a body at the National level for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities and for matters connected therewith or incidenta