State Should Exercise Parens Patriae Jurisdiction For Mentally Disabled Without Family Support: Madras High Court

The Madras High Court emphasized the State's responsibility towards mentally disabled individuals lacking family support, extending the provisions of the Rights of Persons with Disability Act to cover adults in such situations. Justice GR Swaminathan intervened to assist a father seeking care for his mentally ill son, directing relevant authorities to provide lifelong medical care. \r

The court invoked parens patriae jurisdiction, stating that failure by the State necessitates intervention by constitutional courts under Article 226. It highlighted relevant legislation like the Mental Healthcare Act 2017 and stressed the importance of NGOs in alleviating the State's burden, urging financial support for them. \r

Additionally, the court emphasized proper management and oversight of shelter homes, urging the government to formulate appropriate policies and regulations.