The interpretation and implementation of the National Trust Act, 1999, necessitate safeguarding measures during property registration for persons with disabilities.

JUDGMENT

SHAJI P.CHALY,J.

Captioned writ petition is a Public Interest Litigation suo motu registered by this Court on the basis of a communication received from the State Co- ordinator, State Nodal Agency Centre, Kerala, which is a part of the Directorate of Social Justice, Thiruvananthapuram. The letter states that the Ministry of Social Justice and Empowerment, Government of India, under the National Trust Act, 1999 , constituted Local Level Committees, a quasi legal body, having the basic functions of granting legal guardianship and protecting the person and property of persons with the intellectual development disabilities. The Committees so constituted noticed that rights of such persons were being widely infringed upon during partition of their family property or during division of assets under the Succession Act, 1925.

2. The Law Department has given opinion for the amendment to the Registration Act as the only way for the proposed changes since there is no provision in that Act to issue such circulars. The Nodal Agency citing the considerable time taken for the amendment of said Act and issuance of similar circulars in past by Inspector General of Registration to contain certain adverse activities in the registration process, requested the High Court to pass necessary orders to contain the fraudulent transfers of assets of persons with disabilities.

3. The letter also indicated that there is lack of clarity in the provisions of National Trust Act, 1999 , regarding the ways and means to protect the person and property of such persons and also measures to be taken to contain fraudulent transfers and infringement into the rights of people born with such disabilities. It was accordingly that the letter was considered on the administrative side and the suo motu writ petition was registered.

4. Various documents in regard to the issue was also produced by the Registrar along with the suo motu writ petition registered. In fact the Registration Department has submitted a draft circular along with a Communication dated 21.4.2015 for further action since there is no provision either in the Registration Act or in the Rules for implementation of directions.

5. We have also gone through the Convention on the Rights of Persons with Disabilities and Optional Protocol published by the United Nations, from where we are satisfied that the State Partes have agreed to implement the protocol so prepared. So also the judgment in W.P.(C) No.34367/2009 and a connected case dated 3.9.2010, a learned Single Judge has explained the power of the Registering Authority while registering documents of transferring properties.

6. Anyhow now the State Government have approved the Circular of the Registration Inspector dated 12.5.2016 in regard to the safety precautions to be taken in the matter of registration of documents involving disabled persons with mental retardation, autism, cerebral palsy and multiple disabilities (person with National Trust disabilities), which was formulated on the basis of the directions issued by the State Government as per its order dated 16.7.2015 bearing GO(Rt.) No.142/2015 issued by the Special Secretary, Social Justice, D Department. The circular makes it clear that the directions are issued to the authorities under the Registration Act to ensure that when the transfer of properties are registered, the rights and interests of persons with disabilities as per the provisions of the National Trust Act, 1999 , is not violated and further to secure an affidavit that no person with any of the disabilities mentioned under the National Trust Act has any legal right over the property being transacted and by such transactions, the rights of such individuals are not being deprived nor infringed upon.

7. Likewise if any document is presented for registration in which a Person with Disability as per the provisions of Act, 1999 is involved, then the Registering Officer shall ensure; (a) Consent of Local level Committee in writing (b) O