The Hindu : Guardianship norms made easy for disabled

Online edition of India's National Newspaper
Wednesday, Feb 12, 2003

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Guardianship norms made easy for disabled

By Our Staff Reporter

NEW DELHI FEB. 11. Ever since its formation in the year 2000, the National Trust has streamlined the appointment of legal guardians for persons with autism, cerebral palsy, mental retardation and multiple disabilities and over 560 guardians have been appointed across the country through specially convened local-level committees.

``The National Trust has facilitated the process of appointment of legal guardians for such persons with disability and this is the first time ever that guardianship issues are being settled within 30 days of receipt of a particular application,'' said Aloka Guha, Chairperson, National Trust, at a press conference here today.

The concept of legal guardianship is unique as in the absence of any provision for legal representation of an adult person with the above four disabilities, serious difficulties were faced by their parents and relatives. There are many situations where a person with disability requires a legal guardian like wanting to open a bank account or pursue higher education and training. It is to solve the difficulties faced by them that the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999, was enacted by Parliament.

Under the provisions of the National Trust Act, rules and regulations made there under, the Board of the Trust has to constitute "Local Level Committees'' with powers to appoint legal guardians. At present, 369 LLCs have been constituted for various districts of the country. Though not having the powers of a Court, these LLCs have to consider and grant applications for appointment of guardians.

The National Trust Act along with the mechanism of guardianship provides for the first time a social security cover to persons with autism, cerebral palsy, mental retardation and multiple disabilities. In fact, after the Indian Lunacy Act of 1894 was replaced by the Mental Health Act of 1987, there was a legal vacuum in so far as these persons were concerned. "The mental health act only covers persons with mental illness. So, the National Trust act was formulated to deal with legal and social issues confronting persons with the above invisible disabilities,'' says Ms. Guha.

In Delhi, eight LLCs have already been constituted and though no application for appointment of guardian has been received, information about it has been circulated among NGOs and parents association of children with such disabilities. "I spoke to Delhi's Chief Secretary last week and constitution of the ninth LLC is also expected to be complete next week,'' says Ms. Guha.

In many other parts of the country, the LLCs have done good work and individuals as well as institutions have been appointed guardians.

The Act also makes provision for removal of guardian if he or she does not discharge the duties properly. "The LLCs not only oversee the properly functioning of the guardian but even has powers to remove them. The bottomline is the security of the person who is being provided a guardian.''

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