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Polity & Governance
Mahesh

17/02/23 13:09 PM IST

Foreigner can’t claim vested right to be guardian for person with disabilities: HC

In News
  • The Delhi High Court recently held that a foreigner cannot claim a vested right to be appointed the legal guardian of a person with disabilities or claim protection guaranteed under Part III of the constitution as are available to Indian citizens.
Issue
  • The father sought to be appointed as the guardian of his son under the National Trust Act and claimed that his application for guardianship is barred by the said provisions of the rules and regulations which prescribe “citizenship to be an essential qualification.
  • The HC ruled that the National Trust Act lays down a basic structure with respect to differently abled persons and including the appointment of a guardian.
  • The Court underlined that the Act does not even attempt to specify the essential qualifications that a guardian must possess.
  • The HC said that the neither the Rules or Regulations have “travelled beyond the scope of the authority” under the Act and that the Centre and the Board of the National Trust were duly empowered to prescribe the qualifications of a guardian.
FRs available to citizens
  • Article 15: This article prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
  • Article 16: This article guarantees equality of opportunity in matters of public employment. It ensures that no citizen shall be discriminated against on the grounds of religion, race, caste, sex, descent, place of birth, or residence.
  • Article 19: This article provides for six freedoms, namely, freedom of speech and expression, assembly, association, movement, residence, and profession.
  • Article 29: This article protects the interests of minority groups by ensuring that they have the right to conserve their distinct language, script, and culture.
  • Article 30: This article provides minority communities with the right to establish and administer educational institutions of their choice.
Source- Indian Express

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