SC orders brothers with disabilities be reunited, cites their ‘inseparable bond’

The Supreme Court on Monday ordered the reunion of two brothers with intellectual and developmental disabilities, underscoring their “inseparable bond” as a key determinant in a custody battle between their parents that spanned two continents.

In a judgment that resonated with deep emotion and the complexities of caregiving for individuals with disabilities, a bench led by justice Surya Kant overturned a Madras high court ruling and directed that 21-year-old man – with a cognitive age of 8-10 years, be repatriated to the United States to live with his younger brother (19) and mother, ruling against his father, who had retained custody in India.

The bench, also comprising justice N Kotiswar Singh, invoked the “parens patriae” doctrine (the court’s duty to protect vulnerable persons), underscoring the “unique connection” between the two brothers -- both of whom have intellectual disabilities.

“This emotional relationship is the foundational strength of their confidence, sense of security and all other support, which they are unlikely to receive elsewhere, outside of close family. If separated by continents, we are confronted by the unfortunate possibility that their bond may wither away with the passage of time,” it said.

The 21-year-old man, a US citizen diagnosed with ataxic cerebral palsy, became the centre of an intense legal battle after his father took him from the US to Chennai without the mother’s consent in December 2023. His mother sought custody through the Madras high court, citing a guardianship order issued in her favour by an Idaho court in US. But the high court ruled in favour of the father in August 2024, reasoning that the man had expressed a willingness to stay in India.

The Supreme Court, however, found this approach fundamentally flawed, holding that the high court had failed to consider that the man’s cognitive limitations left him incapable of making informed decisions about long-term residence.

Central to the Supreme Court’s ruling was a psychological assessment conducted by the National Institute of Mental Health and Neurosciences (NIMHANS), Bengaluru, which concluded that the man’s cognitive ability was akin to that of an 8- to 10-year-old child. A similar assessment by an evaluation committee at Idaho was also available on record.

“It is the duty of the Court, under the parens patriae doctrine, to determine the course of action that would best serve his interests and welfare…Courts cannot discard expert opinions without valid reasons,” said the bench, berating the high court for dismissing scientific assessments in a highly specialised area of medicine without proper inquiry.

Perhaps the most poignant aspect of the ruling was its recognition of the indispensable emotional bond between the man and his younger brother, who has autism spectrum disorder and similarly possesses the cognitive abilities of an 8- to 10-year-old. The bench acknowledged that their shared experiences, challenges and understanding of each other’s needs made their relationship uniquely crucial for their well-being. “It is necessary for them to retain their connection as they grow up and grow old, to have a constant bonding through the years. For these reasons, it is imperative that they stay together,” it held.

Given that both brothers were raised in the US, attended specialized educational programs, and were accustomed to the support structures available there, the court concluded that Aadith’s future prospects and well-being would be best served by returning to the US.

This decision is momentous for multiple reasons. Firstly, it reinforces the role of expert medical opinion in legal determinations involving individuals with cognitive disabilities. Secondly, it establishes that sibling relationships, particularly among individuals with special needs, should carry significant weight in custody disputes.