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The Kerala High Court while adjudicating upon a ‘peculiar‘ case, opined that the physical presence of a person with a disability before the competent authority may not be necessary for the purpose of issuing a Certificate under the Rights of Persons with Disabilities Act, 2016.
It opined that the person’s condition and medical history can be determined virtually, considering the progressions in the field of technology.
Justice Devan Ramachandran in the interim order observed:
“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.”
The petitioner’s son is in the United States and is suffering from various disabilities. He had approached the competent authorities seeking a Certificate under the Rights of Persons with Disabilities Act, 2016, to enable him to bring his son back to India.
However, the petitioner alleged that the competent Authority insisted that his son be brought to India for the purpose of issuance of a Certificate.
Therefore, he moved the Court through Advocate Santhosh Mathew.
The Court noted that prima facie, it appeared that physical presence could be dispensed with given that the domain of Information Technology had progressed massively by now, and that one’s medical history and personal condition could be possibly ascertained through online modes.
The Senior Government Pleader has been directed to keep this in mind while getting instructions from the respondents.
Further, the Assistant Solicitor General of India has been directed to obtain instructions from the Central government as to whether an evaluation of the petitioner’s son can be facilitated through appropriate means, including with the aid of the Legal Diplomatic Mission.
The matter will be taken up again on 20th October.
Case Title: Sebastian Paracherry v. Union of India & Ors
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