Rights Of Persons With Disability Act Does Not Create Embargo On Exercise Of Parens Patriae Jurisdiction By HC Under Article 226: Delhi High Court

[02 November 2021]
The Delhi High Court has held that the Rights of Persons With Disability Act, 2016 Act or the Rules framed thereunder do not create any embargo on the exercise of parens patriae jurisdiction by it under Article 226 of the Constitution. “So long as the “wills and preferences” of the mentally ill person and the other factors set out in the rules are borne in mind by the Court exercising parens patriae jurisdiction, it cannot be held that the High Court exercising power under Article 226 is denuded of power in view of the provisions of the RPWD-2016 Act or the Rules thereunder,” observed Justice Pratibha M Singh.