MADHUBEN SURYAKANT PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner's daughter, who has suffered a Left Basal Ganglia Haematoma due to arteriovenous malformation in May, 2005, approached the 4th respondent for the issue of a Legal Guardianship certificate under the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental retardation and Multiple Disabilities Act, 1999. It was rejected by the 4th respondent on the ground that the condition of the petitioner's daughter does not come under one of the four disabilities mentioned in the above said Act. Therefore, the petitioner is before this Court. Heard Mr. R. Veeramani, learned counsel for the petitioner, Mr. S. Haja Mohideen Gisthi, learned Central Government Standing Counsel for respondents 1 and 2 and Mr. A. Tamilvanan, learned Government Advocate for respondents 3 and 4.

(2.) The certificated issued by JIPMER shows that the petitioner has gone into a persistent vegetative state in May, 2005 and for the past 9 years, she is completely oblivious to what is happening around her. Therefore, the interpretation, that is sought to be given by the 4th respondent cannot be accepted.

(3.) Section 2(e) of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, defines "cerebral palsy" to mean "a group of non-progressive conditions of a person characterised by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development.