Madras HC: Mentally Disabled persons entitled to doorstep assessment for Disability Certificate
The certificate issued by one Dr Shanthi Chandramohan, Assistant Physician Government General Hospital, Madras Medical College dated 29.02.1992 certifying that Saikumar is permanently mentally disordered was not taken note of by the Institute of Mental Health, Kilpauk.;
Chennai: In response to the plea for obtaining a disability certificate in a hospital, the Madras High Court has directed that no individual should need to visit a hospital instead doorstep services should be provided to disabled patients.
The issue pertains to the petition filed by TR Ramanathan of West Mambalam seeking orders to the Institute of Mental Health (IMH) to issue his 61-year-old son Saikumar a 'certificate of mental retardation' so that he could avail himself of a family pension after his demise.
A single bench of Justice GR Swaminathan said "The disabled persons who are obviously entitled to rights guaranteed under Article 21 of the Constitution of India are entitled to obtain a certificate under Section 58 of the Rights of Persons with Disabilities Act, 2016 without any hassle or difficulty."
The court further added, "the assessment process must not cause any difficulty or trauma or even the least burden to the individual concerned. I take judicial notice of the fact that bringing such persons to a congested place like the Government Hospital would trigger considerable stress and anxiety in them. One does not know what can trigger panic and anxiety. It is clinically appropriate that assessment for issuing such certificates is done at their homes. I, therefore, hold that persons suffering from mental retardation or mental illness are entitled to have the assessment done at the place where they reside."
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