Court query on mentally challenged orphans

GANDHINAGAR - The Gujarat High Court Monday issued notice to the union human resource development ministry asking it to spell out steps it had taken to safeguard the fundamental rights of mentally challenged orphans.

Acting on a public interest litigation filed by Joseph Chelliah, a division bench of Chief Justice S.J. Mukhopadhaya and Justice Akil Kureshi sought reply from the central government on the subject.

The PIL filed on humanitarian grounds requested that either the government empower such orphans with their fundamental rights, including right to live or permit mercy killing. “There is no one to safeguard their interests and they are living in a miserable state totally uncared for. It is the centre’s duty to look after their upkeep, safety, hygiene and safeguard their other fundamental rights,” the petition noted.

Chelliah sought the intervention of the high court after the central government failed to respond to his letter requesting the HRD department to implement some welfare schemes for mentally challenged orphans. He also wrote to the ministry stating that such people cannot be compared with beggars as they would never approach people for money or food.

“Instead of approaching people, these mentally challenged orphans would rather suffer, fighting with stray dogs and eating food taken out from bins,” the petitioner claimed.

He requested in his letter that the government should come out with some proposals which would address this issue and implement the same as soon as possible.

After hearing the party-in-person Monday, the division bench issued the notice to the government. It has posted the matter for next hearing April 28.