In a significant ruling, the Supreme Court has ordered the immediate repatriation of a 22-year-old American citizen with Ataxic Cerebral Palsy, emphasizing that his cognitive abilities are akin to those of an 8-to-10-year-old child. The young man had been taken to India by his father amid a guardianship dispute, but the Court found that his best interests lie in returning to the United States, where he would receive specialized education, vocational training, and social security benefits.
The verdict came after the Court criticized the Madras High Court for hastily ruling on his custody based solely on his oral statements, without an independent medical evaluation. The justices highlighted that the High Court had disregarded crucial reports, including an assessment by the Idaho Department of Health and Welfare, which underscored the man’s limited capacity for independent decision-making.
Rejecting the argument that he had voluntarily chosen to stay in India, the Supreme Court pointed to findings from the National Institute of Mental Health and Neurosciences (NIMHANS). The report revealed that while he could manage daily tasks, he struggled with financial decisions, long-term planning, and social risk assessment. His removal from a structured vocational program in the US, the Court noted, had further disrupted his development.
A key factor in the ruling was the presence of his younger brother, who also has an intellectual disability. The Court stressed that the sibling bond provided emotional security and a sense of belonging that could not be replicated elsewhere.
Additionally, the Court criticized the father for obstructing communication between the mother and son, despite clear instructions to maintain access. It directed that the US Consulate-General in Chennai facilitate the restoration of his travel documents and ensure his return within 15 days. While emphasizing the father’s continued role in his son’s life, the Court made it clear that the young man’s future would be best secured in the US under his mother’s guardianship.
