Response

You will have to file a case before the District Court stating that you wish to be the legal guardian of your daughter, and the court based on the facts will grant you the guardianship certificate.

Under section 14 of the National Trust Act, the Local Level Committee headed by the District Collector is empowered to receive application in Form A under Rule 16(1) & appoint guardians in Form B under Rule 16(2) for persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities. It also provides mechanism for monitoring and protecting their interests including their properties.

On receipt of the application for appointment of guardian, the Local Level Committee shall scrutinize the application and call for any supporting document or information that may be necessary for deciding the issue of guardianship.

Local Level Committee may decide to get parent’s counselling in any manner, it may decide to determine the genuineness of having a guardian other than parents

The person with disability must be assessed by the Local Level Committee, to determine the genuineness of the need of guardianship and it shall be open to the Local Level Committee to seek the assistance of technical personnel or their services to determine the need.

The Supreme Court in the case of Ms. Githa Hariharan & Anr vs Reserve Bank Of India & Anr (AIR 1999 SC 1149), held that the mother cannot be said to be natural guardian only after the death of the father as that would not only be discriminatory but also against the welfare of the child, which is legislative intent of Hindu Minority and Guardian Ship Act, 1956. Thus, Natural guardian may be the father or mother, whoever is capable of and available for taking care of the child and is deeply interested in the welfare of the child.

Reference: Section 11 Guardianship and Wards Act, 1890;

Ms. Githa Hariharan & Anr vs Reserve Bank Of India & Anr, AIR 1999 SC 1149;

Hindu Minority and Guardian Ship Act, 1956;

Section 14 of the National Trust Act, 1999

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