Foreigners Cannot Be Legal Guardians
The Delhi High Court has ruled that a foreign national cannot claim the right to be the legal guardian of a person with disability or the protection provided under Part-III of the Constitution, as is available to Indian citizens.
Key points related to the issue:
- The foreign national concerned challenged the validity of certain rules and regulations laid down by the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, which allow only Indian citizens to be guardians of a person.
- The High Court ruled that the Act does not specify the essential qualifications that a guardian must possess, which can be prescribed by the rules and regulations by which it is made.
- However, the High Court has directed a local level committee to investigate and assess the circumstances.
- The committee may consider appointment of an Indian citizen as legal guardian.
Fundamental rights available only to Indian citizens:
- Article 15: This article prohibits discrimination on 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 grounds of religion, race, caste, sex, descent, place of birth or residence.
- Article 19: This article provides six fundamental rights such as 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 the minority communities with the right to establish and administer educational institutions of their choice.
Source – Indian Express
