No panel to decide guardianship of mentally challenged: CIC

NEW DELHI: There is no committee to decide the crucial issue of guardianship of mentally-challenged persons in Delhi, leading to pendency of a large number of such issues, the Central Information Commission has said.

"The Commission is surprised to know that the government is keeping such kind of vital issues pending, especially when it is concerned with mentally retarded persons, who require constant guardianship," Information Commissioner Sridhar Acharyulu said in his order.

The case relates to legal guardian certificate to be issued to nephew of RTI applicant Mohan Singh. Singh said while his brother is ready to take the guardianship of his nephew, the matter is pending for over 18 months.

Singh said he filed the RTI application seeking details of the guardianship issue which has not been provided to him.

The Delhi government official told the Commission that there is prescribed procedure for issuing the guardianship certificates for the mentally-retarded persons.

"There will be a local-level committee constituted by Divisional Commissioner consisting of a doctor, senior lawyer, a representative of NGO and social welfare officer and if need they will also call the ward concerned. The committee will examine all such applications for Legal Guardian Certificate," the official said.

He said so far the government has not appointed the committee because of prolonging correspondence in naming the members, hence the issue of the legal guardian certificate is pending.

"The Divisional Commissioner should have constituted the said committee long back on a priority basis and decided the legal guardians in such cases of urgency. At every hour of delay in recognising guardianship, the minor is being deprived of parental support," Acharyulu said.