The Delhi High Court has recently issued a verdict stating that foreign nationals are not entitled to claim the right to become legal guardians for a person with disabilities. This includes the protection guaranteed under Part III of the Constitution, privileges typically exclusive to Indian citizens.
The Challenge and The Verdict
This decision was triggered when a concerned foreigner questioned the validity of certain regulations stipulated by the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities Rules, 2001. These provisions allow only Indian citizens to become guardians of a person. In response to this, the High Court clarified that the Act does not outline the essential qualifications needed to be a guardian, leaving this criterion to be established by potential additional rules and regulations.
Further, the High Court instructed the Local Level Committee to assess and evaluate the prevailing circumstances, suggesting that they might contemplate appointing an Indian citizen as a statutory guardian.
Fundamental Rights Exclusively Available to Indian Citizens
There are specific Fundamental Rights listed in the Indian Constitution which apply strictly to Indian nationals.
Article 15 prohibits any discrimination based on religion, race, caste, sex, or birthplace. Article 16 ensures equality in public employment opportunities, preventing discrimination based on religion, race, caste, sex, descent, birthplace, or residence.
Article 19 specifies six freedoms: speech and expression, assembly, association, movement, residence, and profession. Meanwhile, Article 29 protects the rights of minority groups by safeguarding their ability to conserve their unique language, script, and culture, and Article 30 grants minority communities the right to establish and manage educational institutions of their choice.
UPSC Civil Services Examination Related Questions
In the previous UPSC Civil Services Examination, two questions were asked related to this issue.
The first question was – “Aside from the Fundamental Rights, which parts of the Indian Constitution reflect the principles and provisions of the Universal Declaration of Human Rights (1948)? Choices included the Preamble, Directive Principles of State Policy, and Fundamental Duties. The correct selection was all three options.
The second question pertained to the position of the Right to Property in India. The correct answer was that the Right to Property is a legal right available to any person in the country, not just citizens.
This delineation helps clarify the constitutional rights of foreigners residing in India, especially regarding their ability to act as guardians for people with disabilities.