• Legal rights of my 24 year old brother with down syndrome

My brother is 24 years old born with downs syndrome. Was well until six years back when he got severely I'll and underwent a life saving surgery. I feel in fact i know, my parents have been neglecting him even before that illness. He was well after that surgery but was not provided any physiotherapy, has been restricted to his bed and dependent on my father for all his day to day activities. He again became severely I'll in 2013 and was saved again by lots of intervention. Again he has been provided no physiotherapy since then. I feel it is gross neglect on my parents part.
In 2010 when he underwent surgery I was the one who brought him to Delhi to start treatment although my parents paid for it.
I want to keep my brother in custody so that I can provide him beat physiotherapy and other interventions to make him mobile and healthy. And also file a case of neglecting needs of a mentally regarded child deliberately ( I really don't understand why they spent so much money on his surgery when they were to neglect his medical needs like this post that).
I am a doctor myself and my husband is also a doctor so I know what kind of therapy and treatment I am talking about.
Believe me my parents are even using his psychological disabilities to their advantage.
Please suggest
Asked 2 years ago in Family Law from Noida, Uttar Pradesh
Religion: Hindu
1) Down syndrome is a genetic disorder caused when abnormal cell division results in extra genetic material from chromosome 21. it  causes lifelong intellectual disability and developmental delays, and in some people it causes health problems.

2)Down syndrome is the most common genetic chromosomal disorder and cause of learning disabilities in children

3). team of specialists that, depending on patient  particular needs, will provide patient  medical care and help him or her develop skills as fully as possible

4) since you and your husband are  doctors you can provide him all the medical treatment needed by him 

5)if your brother has been deprived of proper medical treatment by your parents you can complain to chief commissioner appointed under persons with disability act 1995 who will carry out necessary investigation into your allegations
Ajay Sethi
Advocate, Mumbai
26014 Answers
1415 Consultations
5.0 on 5.0
Hi, in your case questions of law does not arise from your narration you are a professional doctor if any treatment your parents unable to provide to your brother you can give treatment to him and if the treatment is not offer to your brother what advantage your parents have you have not explain to us.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
149 Consultations
4.3 on 5.0
1) The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 provides for a law relating to certain specified disabilities. Clause (j) of Section 2 of that Act defines a “person with disability” to mean a person suffering from any of the conditions relating to autism, cerebral palsy, mental retardation or a combination of any two or more of such conditions and includes a person suffering from severe multiple disabilities. This Act empowers a Local Level Committee to appoint a guardian, to a person with disabilities, who shall have the care of the person and property of the disabled person.

2) since your parents are not taking care of your brother you can make an application to local level committee for being appointed as your brother guardian
Ajay Sethi
Advocate, Mumbai
26014 Answers
1415 Consultations
5.0 on 5.0
1. Is your brother permanently or temporarily incapacitated by illness as on this date? If he is incapacitated then does it include a physical disability?

2. Your brother has attained the age of majority, in view of which he is free to move out of his parental house and live with you.

3. The question of obtaining his custody through the court would arise only if he is incapacitated and your parents refuse to allow you to take him with you for his better care. 

4. Until and unless your brother is incapacitated temporarily or permanently, you cannot seek his custody from the court.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
1. Down syndrome results in to developmental disability of mind,

2. You are a doctor, your parents are not,

3. They have done their best, now you do your best,

4. Avoid wasting your energy in taking steps against your parents,

5. Since your parents are willing to spend money and you are willing to take appropriate medical steps, if both the parties act together, only person who will benifit is your brother.
Krishna Kishore Ganguly
Advocate, Kolkata
13167 Answers
280 Consultations
5.0 on 5.0

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