The Delhi High Court has sought an explanation from the Delhi Government for failing to provide a 24-hour male attendant to a child with muscular dystrophy, directing the authorities to disclose how they are meeting their statutory obligations towards persons with disabilities.
A Division Bench of Justice Subramonium Prasad and Justice Renu Bhatnagar passed the direction in an order dated September 30. The court asked the Delhi Government to file an affidavit setting out the steps taken under the Rights of Persons with Disabilities Act, 2016. The affidavit must be filed within four weeks.
The proceedings arose from an appeal filed by the child’s mother against an order of the Family Court. On July 20, 2022, the Family Court had directed the District Magistrate of North East Delhi and the Health and Family Welfare Department to arrange round-the-clock assistance for the child. Muscular dystrophy is a condition recognised within the framework of disabilities under the Act.
During the hearing, counsel appearing for the mother relied on Section 5 of the Rights of Persons with Disabilities Act. The provision requires the appropriate government to endeavour to ensure that persons with disabilities are able to live with dignity, including through community support and personal assistance.
The counsel also referred to Section 88 of the legislation, which provides for a State Fund for Persons with Disabilities. The High Court directed the government to clarify whether the fund had been constituted and to provide details of the measures being taken to fulfil its responsibilities under Section 5.
The court observed that the government could not “throw up its hand in despair” when faced with statutory responsibilities. The direction places the focus not only on implementation of the Family Court’s earlier order, but also on whether Delhi has the institutional and financial mechanisms required to provide personal assistance to persons with disabilities.
The case illustrates how access to disability support can depend on coordination between judicial orders, district administration, health authorities and dedicated public funding. In this matter, the immediate issue is the provision of a male attendant for the child, while the government’s affidavit is expected to clarify the wider administrative arrangements behind that assistance.
The matter is scheduled for further hearing on December 8. The Delhi Government’s response is expected to set out the steps taken to provide the required assistance and the status of the statutory fund referred to during the proceedings.
