JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA VOL. 21, 2022 a legally binding decision despite being provided adequate and appropriate support. In such a situation, the Sub-section allows the person to be provided further support of limited guardianship to take legally binding decisions. The proviso to Section 14 (1) goes a step forward and allows the District Court or Designated Authority to provide total support if limited guardianship also proves insufficient. The situation provided for in Section 14 (1) and the proviso is contrary to the mandate of the CRPD, which required the barriers on capacity to be removed. Instead of removing the barriers, the Sub-section is providing for situations allowing for the reinstallation of barriers, which the CRPD asked to be dismantled. Section 14(1) and its proviso is even contrary to Section 13 of the RPDA, which has recognised that all persons with disabilities have legal capacity on an equal basis with others. After providing for the reinstatement of limited guardianship and total support, Section 14 (2) of the RPDA incorporates a legal fiction whereby after the commencement of the RPDA, every guardian appointed under any other law shall be deemed to function as a limited guardian. This provision could make sense as a transitory provision while India puts in place its support programme.18 However, no such transfer from limited guardianship to support has been provided. Instead, a generic obligation has been placed by Section 15(1) on authorities designated by the appropriate governments to mobilise the community and create social awareness on support for persons with disabilities. And Section 15(2) requires the designated authorities to put in place suitable support arrangements for persons with disabilities living in institutions and with high support needs. And in one more illustration of doublespeak, Section 14 (3) grants to any person with disability aggrieved by the decision of being placed in guardianship, the right to appeal against such decision to an appellate authority designated by the state government. Section 14 is a mish-mash of support, limited guardianship and total support. Persons with disabilities can be placed under any of these arrangements not according to their will and preference, but according to how the designated authority perceives the issue. Sections 13 18 38 A partial explanation for this provision could be derived from the umpteen drafts, which were floated for consideration before the final Act was enacted in 2016. The Ministry of Social Justice and Empowerment had established a multi-stakeholder Committee in April 2010 by notification F. No. 16-38/2006-DD.III dated 30 April 2010, to formulate a new disability law in harmony with the CRPD. Clause 19 of the Rights of Persons with Disabilities Bill 2011 incorporated such a provision to transition from plenary guardianship to support. For text of that provision, see https://disabilitystudiesnalsar.org/newlaw.php#19._Replacement_of_Plenary_Guardianship (last visited 26 Oct. 2022)