Who after parents? How to protect neurodivergent adults

New Delhi: “Today the question haunting us all in this room is — who after us? But the answer must come from the community,” Justice Devendra Kumar Upadhyaya said on Friday, urging society to move beyond “sympathy towards empathy” for neurodivergent people.

Addressing a seminar at Delhi High Court on safeguarding neurodivergent people after they become adults, he stressed that a change in social attitude and collective responsibility was crucial to ensuring dignity and security for them in the absence of their parents.

The programme, organised by Delhi High Court Bar Association and Shaurya Foundation Trust, revolved around the haunting concern shared by many parents of children with autism and other neurodivergent conditions — what happens to their children after they are gone. The discussion focused on gaps in legal protection, rehabilitation, employment, guardianship and long-term care for such adults.

As part of the initiative, the foundation launched The Bridge, a network of lawyers and chartered accountants to help families with legal guidance and financial planning for neurodivergent loved ones. Justice Upadhyaya also handed out salaries to neurodivergent employees working at Sagar Express Cafe on the HC premises, a collaboration between the foundation and Sagar Ratna to promote employment and financial independence.

The foundation, under the chairmanship of senior advocate Ravi Gupta, highlighted its vision of shifting the conversation “from charity to dignity”, advocating the right of such people to lead self-sufficient and dignified lives through meaningful employment and social inclusion.

Pointing to the legal vacuum, former Attorney General Mukul Rohatgi said, “There's no strong legal mechanism as to what will a guardian do, who will be such guardian and what happens to the property of such adults.” In many cases, such property dissipates, he added, suggesting creation of community-based committees dedicated to supporting such people after their parents' demise. “If you can have a committee for Diwali, certainly you can have a committee dedicated to these children.”

Chief Justice Upadhyaya urged the govt sector to provide “support and effort in adequate measure” for the rehabilitation and accommodation of neurodivergent people. However, he maintained that the larger responsibility ultimately rested with society. “Our attitude needs to change towards them and our mindset needs to change.”

Dr Mathews Varghese, head of the orthopaedic department at St Stephen’s Hospital, said support and inclusion from the community could help many of them become self-sufficient.