The Delhi High Court has directed the Delhi Government to clarify the steps being taken to fulfil its statutory responsibilities towards a child suffering from muscular dystrophy, observing that the State cannot simply plead inability to provide the assistance required under the Rights of Persons with Disabilities Act, 2016.
A Division Bench of Justice Subramonium Prasad and Justice Renu Bhatnagar was hearing an appeal against a Family Court order concerning compliance with a July 20, 2022 direction requiring the District Magistrate, North East Delhi and Secretary, Health & Family Welfare Department, GNCTD to provide a 24-hour male attendant for the child.
The Family Court had declined to entertain the appellant’s application alleging non-compliance after the Government expressed its inability to provide manpower and stated that there was no scheme under the Women and Child Department providing for a male attendant at the child’s residence.
The High Court noted that the child is covered under Section 2(zc) of the RPwD Act and referred to Section 5, which requires the Government to endeavour to ensure that persons with disabilities are able to live with dignity, including through access to community support services and personal assistance necessary for independent living and community inclusion.
The Bench also referred to Section 88 of the RPwD Act, concerning financial support and welfare measures through the State Fund for Persons with Disabilities, and observed that the statutory scheme does not permit the State to throw up its hands in despair.
The Court accordingly directed the Government to file an affidavit within four weeks stating whether the Fund contemplated under Section 88 has been constituted and detailing the steps being taken to discharge its responsibilities under Section 5 of the Act.
The matter has been listed for December 8, 2026.
