The court emphasizes the broad interpretation of disability laws, the applicability of the 2016 Act to interpret the 1999 Act, and the empowerment of the Local Level Committee in appointing guardians for persons with disabilities.

ORDER

G.R. SWAMINATHAN, J.

The issue posed for consideration is whether under Section 14 of National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (Central Act 44 of 1999), the petitioner can be appointed as legal guardian for his schizophrenic sister.

2. The petitioner's sister Ms. G.P suffers from “chronic schizophrenia”. Her disability has been assessed at 60% in IDEAS Scale. The Regional Medical Board, Government Rajaji Hospital, Madurai - 20 has certified that she cannot earn livelihood on her own and that she is dependant upon her family members to look after her day to day activities. The District Differently Abled Welfare Officer, Madurai has also issued certificate on the same lines. The jurisdictional Tahsildar has certified that Ms. G.P is a spinster and that she is mentally ill and that she is under the care of her brother Babu (petitioner herein). Armed with these materials, the petitioner approached the respondents for appointing him as her legal guardian. The petitioner's request was rejected on the sole ground that under the Central Act 44 of 1999, there is no provision for appointing legal guardian for a person with mental illness. The rejection order dated 29.06.2022 is put to challenge in this writ petition.

3. The learned counsel appearing for the petitioner reiterated the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to grant relief as prayed for. Per contra, the learned Special Government Pleader submitted that the impugned communication does not call for any interference. He prayed for dismissal of the writ petition.

4. I carefully considered the rival contentions and went through the materials on record.

5. Section 14 of the Central Act 44 of 1999 is as follows:

“Appointment of guardianship -

(1) A parent of a person with disability or his relative may make an application to the local level committee for appointment of any person of his choice to act as a guardian of the persons with disability

(2) Any registered organisation may make an application in the prescribed form to the Local Level Committee for appointment of a guardian for a person with disability. Provided that no such application shall be entertained by the local level committee, unless the consent of the guardian of the disabled person is also obtained.

(3) While considering the application for appointment of a guardian, the local level committee shall consider- - whether the person with disability needs a guardian; - the purposes for which the guardianship is required for person with disability.

(4) The local level committee shall receive, process and decide applications received under sub-sections (1) and (2), in such manner as may be determined by regulations : Provided that while making recommendation for the appointment of a guardian, the local level committee shall provide for the obligations which are to be fulfilled by the guardian.

(5) The local level committee shall send to the Board the particulars of the applications received by it and orders passed thereon at such interval as may be determined by regulations.”

6. The aforesaid provision provides for appointment of guardian for a “person with disability”. Section 2(j) of the 1999 Act is as follows:

“person with disability” means a person suffering from any of the conditions relating to autism, cerebral palsy, mental retardation or a combination of any two or more of such conditions and includes a person suffering from severe multiple disability”

7. The above definition consists of two parts. The first part specifies what the expression “person with disability” means. The second part states what is included. Such a definition is meant to be exhaustive vide Mahalakshmi Oil Mills v. State of UP, (1989) 1 SCC 164. Section 2(h) of the Act defines “Multiple Disabilities” as meaning a combination of two or more disabilities as defined in clause (i) of section 2 of the Person wit