A technical snag in the software that operates the registry of National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities has created a situation in which afflicted persons are unable to get disability cards or guardianship certificates. Benefits do not reach them though their applications had been cleared months ago by district-level monitoring bodies led by the respective District Collectors. The problem has been persisting for six months.
Long waitAcross Kerala, 200-odd people are now waiting for a solution to the snag, which can be resolved easily by technicians of the Union Ministry of Social Justice and Empowerment.
“In India, Kerala ranks first in the effective implementation of the National Trust Act which safeguards rights of people with multiple disabilities. The district-level committees are clearing applications based on spot verifications and the national agency can just issue the certificates,” says K. Suresh Kumar of the Pain and Palliative Care Society in Kozhikode.
“It would take hardly 48 hours for a technician to rectify the fault. But I have been waiting for the past six months to get my son’s benefits,” said N. Safiya of Mannarkkad.
The local-level committees comprising collectors, legal experts and psychiatrists are under pressure from parents. “Ever since its constitution in 1999, the National Trust could settle guardianship issues of differently abled persons within 30 days of receipt of application. Now the situation has changed,” said social worker P.S. Panicker.
“There are many situations such as opening a bank account or pursuing higher education where a person with disability requires a legal guardian. It is to solve these difficulties that the Act was enacted by Parliament,” said Mr. Suresh Kumar.
A legal vacuumIn fact, after the Indian Lunacy Act of 1894 was replaced by the Mental Health Act of 1987, there was a legal vacuum. “The Mental Health Act only covers persons with mental illness. So, the National Trust Act was formulated to deal with legal and social issues confronting persons with the above disabilities,” says Mr. Suresh Kumar.
The Act also makes provision for removal of guardian if he or she does not discharge the duties properly. All such activities are now being affected.