The Delhi High Court has directed the Delhi government to explain the steps it is taking to fulfil its responsibilities towards persons with disabilities after authorities failed to provide a 24-hour male attendant to a child suffering from muscular dystrophy.
A Bench of Justice Subramonium Prasad and Justice Renu Bhatnagar passed the order on September 30, 2026, while hearing an appeal concerning the implementation of an earlier Family Court direction.
Background
The matter arose from an order dated July 20, 2022, directing the District Magistrate, North East Delhi, and the Secretary of the Health and Family Welfare Department to arrange a round-the-clock male attendant for the child. The Family Court subsequently dismissed an application concerning non-compliance with that direction on October 1, 2024.
The High Court took note of the government's inability to provide the required manpower and its position that existing Women and Child Department schemes did not provide for a male attendant at the child's residence.
The Bench observed,
"A perusal of the RPwD Act and the duties cast upon the State therein, does not indicate that the State can throw up its hand in despair."
The Court considered the responsibilities under Sections 5 and 88 of the Rights of Persons with Disabilities Act, 2016, concerning dignified living, necessary support services and welfare measures for persons with disabilities.
The High Court directed the Delhi government to file an affidavit within four weeks clarifying whether the State Fund for Persons with Disabilities under Section 88 had been constituted and detailing the steps taken to fulfil its obligations under Section 5.
The matter was listed for December 8, 2026.
