New Delhi, Oct. 9 -- The Delhi High Court has sought an explanation from the Delhi Government for its failure to provide a 24-hour male attendant to a child with muscular dystrophy, stressing that the State cannot abandon its responsibilities towards persons with disabilities.

A Division Bench of Justice Subramonium Prasad and Justice Renu Bhatnagar, in an order dated September 30, directed the government to file an affidavit explaining the steps taken to fulfil its obligations under the Rights of Persons with Disabilities Act, 2016.

The proceedings arose from an appeal filed by the child's mother against a Family Court order. On July 20, 2022, the Family Court had directed the District Magistrate (North East) and the Health and Family Welfare Department to arrange round-the-clock assistance for the child, whose condition falls within the disabilities recognised under the Act.

Appearing for the mother, counsel invoked Section 5 of the legislation, which requires the appropriate government to endeavour to ensure that persons with disabilities can live with dignity, including through community support and personal assistance. The counsel also referred to Section 88, which provides for a State Fund for Persons with Disabilities.

The High Court observed that the government could not "throw up its hand in despair" when confronted with its statutory responsibilities. It directed the authorities to clarify whether the fund envisaged under Section 88 had been constituted and detail the measures being taken to discharge their obligations under Section 5.

The affidavit must be filed within four weeks. The matter is scheduled for further hearing on December 8.

The proceedings bring into focus both the implementation of the Family Court's direction and the availability of institutional and financial arrangements to support persons with disabilities. The government's response is expected to clarify the status of the statutory fund and the steps taken to ensure the assistance required by the child.

Published by HT Digital Content Services with permission from Millennium Post.