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

Apex Court said the brothers' understanding of each other's needs made their bond uniquely crucial for their well-being

- Utkarsh Anand

NEW DELHI: 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 the complexities of care-giving for individuals with disabilities, a bench led by Justice Surya Kant overturned a Madras high court ruling and directed that the 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.