No need of physical presence for disability certificate: Kerala HC
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A disabled person need not necessarily be present physically before a competent authority to be issued a certificate under the Rights of Persons with Disabilities Act, 2016, the Kerala High Court noted on Friday. It further added that the condition and medical history of a person could be determined online as information technology has progressed.
"Prima facie, I am of the view that on account of the advent of technology, the patient's condition and medical history can be discovered by the competent Authority without insisting on his physical presence taking advantage of the innovations and progress in the field of Information Technology," said Justice Devan Ramachandran, as reported by LiveLaw. The court was hearing a case filed by a father whose son in the United States suffers multiple disabilities. When he sought the certificate under the Act to bring his son back to the country, the competent authority insisted that his son be brought back to India for the certificate. The father then moved the court.
The court also directed the Senior Government Pleader to keep technological advancements in mind while getting instructions from the respondents.
The court further directed the Assistant Solicitor General of India to obtain instructions from the central government as to whether the evaluation could be facilitated by any means, including with the help of the Legal Diplomatic Mission. The matter has been listed for 20th October.
