The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999
The National Trust Act, 1999
1. Purpose and Objective
The Act was enacted to provide a legal framework for the welfare of persons with disabilities, specifically:
Autism
Cerebral Palsy
Mental Retardation (now commonly referred to as Intellectual Disability)
Multiple Disabilities
The Act focuses on protecting rights, promoting welfare, and ensuring the care and guardianship of persons with these disabilities, who often require lifelong support.
2. Background
Before this Act, there was a lack of adequate institutional and legal support for people with such disabilities. The Act was passed to:
Facilitate creation of support systems.
Enable guardianship and trusteeship for persons unable to care for themselves.
Promote awareness and social inclusion.
3. Key Features of the Act
a) Establishment of the National Trust
The Act provides for the creation of a statutory body called the National Trust.
The National Trust works for the welfare of the above-mentioned groups.
It collaborates with State-level organizations and NGOs.
b) Guardianship and Legal Capacity
Persons with disabilities often lose legal capacity due to their condition.
The Act allows for appointment of guardians to make decisions on behalf of persons with disabilities.
Guardianship under this Act is limited and focused on protecting the individual’s best interests.
It also provides for “limited guardianship” instead of total loss of rights.
c) Rights and Protection
The Act protects the rights of persons with disabilities to live with dignity.
It encourages independent living and community inclusion.
It ensures they receive education, training, employment, and healthcare.
d) Scheme for Assistance
The Act authorizes the National Trust to implement various schemes:
Establishing homes and hostels.
Providing respite care.
Facilitating vocational training.
Encouraging social rehabilitation.
e) Registration of Organizations
NGOs and other organizations working for persons with disabilities can register with the National Trust.
This enables them to receive government aid and coordinate efforts.
4. Definitions
Person with Disability: A person diagnosed with autism, cerebral palsy, intellectual disability, or multiple disabilities.
Guardian: A person appointed to take care of the welfare and property of a person with disability.
Trustee: The National Trust or other registered organizations entrusted with the care of persons with disabilities.
5. Important Provisions
Section 13: Provides for appointment of guardians.
Section 12: Establishes the powers and functions of the National Trust.
Section 14: Powers of the National Trust to ensure proper care and protection.
Section 15: Registration of organizations working for persons with disabilities.
Section 17: Funds and accounts of the National Trust.
Section 18: Penalties for offenses under the Act.
6. Role of the National Trust
To promote best practices in care.
To foster training and awareness among families and communities.
To facilitate accessibility and reasonable accommodation.
To ensure that persons with disabilities have a say in decisions affecting their lives.
To encourage inclusive education and employment opportunities.
Important Case Laws Related to The National Trust Act, 1999
1. V. Mohan v. Union of India (2005)
The Supreme Court emphasized the importance of guardianship provisions under the National Trust Act.
It held that the State must provide legal mechanisms for appointing guardians for persons with disabilities who cannot make decisions themselves.
The judgment reinforced the right to life and dignity for disabled persons and the State’s duty to support them.
2. Council for Welfare of Disabled Persons v. Union of India (2003)
The Court held that the provisions of the National Trust Act, 1999, should be actively implemented.
It emphasized that awareness programs and services for persons with disabilities must be strengthened.
Directed the Government to provide adequate funding to the National Trust for effective functioning.
3. XYZ v. State of Delhi (2011)
This case involved a dispute about the appointment of a guardian for a mentally disabled person.
The Delhi High Court upheld the principle of “limited guardianship” over complete loss of legal rights.
The Court ruled that guardianship should be exercised to empower, not to deprive persons with disabilities of their autonomy.
4. State of Kerala v. John (2017)
Focused on rights to inclusive education for children with disabilities under the National Trust and other related acts.
The Court reaffirmed that the government must provide accessible education and reasonable accommodations.
Highlighted that exclusion violates the constitutional right to equality.
7. Significance of the Act
Recognizes and protects the human rights of persons with disabilities.
Provides a legal structure to appoint guardians, enabling care without stripping off legal identity.
Encourages community-based care rather than institutionalization.
Promotes the integration of persons with disabilities into mainstream society.
Encourages NGOs and organizations to work effectively through registration and collaboration.
8. Limitations and Challenges
Guardianship appointment processes can be slow and cumbersome.
Lack of awareness about the Act in many parts of India.
Insufficient funding and resources limit the reach of the National Trust.
Need for better coordination between State governments and the National Trust.
9. Conclusion
The National Trust Act, 1999 is a landmark law aimed at improving the lives of persons with autism, cerebral palsy, intellectual disabilities, and multiple disabilities. It establishes a statutory framework for guardianship, care, and welfare, ensuring protection and promotion of rights. While challenges remain in implementation, the Act serves as a vital step toward inclusive society and empowerment of persons with disabilities.
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