The Kerala High Court has held that persons with Down Syndrome are entitled to the protections available under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999, and that authorities cannot reject guardianship applications on the ground that the condition is not covered by the law.

The bench headed by Justice CS Dias made the observation while setting aside an order of the Kottayam District Collector rejecting a father's plea to be appointed the legal guardian of his 19-year-old daughter, who has Down Syndrome and a certified intellectual disability of 55 percent.

The Court noted that disability certificates and medical literature clearly establish that Down Syndrome is one of the most common genetic causes of intellectual disability. Therefore, the Collector's conclusion that the condition falls outside the scope of the National Trust Act was erroneous.

The Court also found that the authorities failed to follow the statutory procedure for assessing whether guardianship was necessary. It observed that the law requires scrutiny of the application, collection of relevant materials and assessment of the person with disability before a decision is taken.

Holding that the order reflected non-application of mind, the Court quashed the decision and directed the Collector to reconsider the father's application after hearing all concerned parties, including the daughter and her mother, within three months.