Formulating Rules for the smooth functioning if Protective Homes

Aman Hingorani vs. the Union of India and others

Filed under: Article 32 of the Constitution of India
Appellant: Aman Hingorani
Respondent: Union of India and others
Citation: 1994 Supp (3) SCC 601
Court: In the Supreme Court of India
Judges: M.N. Venkatachaliah and S. Mohan

Facts

This Is a Public Interest Litigation (PIL) filed by Aman Hingorani, in relation to the state of affairs in the Agra Manasik Arogyashala.

Observations of the Court

The Court directed that an autonomous institution should be set up. The management of this institution was to be vested in a management committee consisting of a Divisional Commissioner, District Magistrate, Senior Superintendent of Police, Agra and Health Secretary, Government of U.P. or his representative, two non-officials of whom, at least one of was to be a women nominated by the Government of U.P.

The Principal of the King George’s Medial College, Lucknow and director of AMA were also to be members of the committee. The Court also spelled out certain rules that were to thereafter govern, the functioning of the Agra Mansik Arogyashala. These Rules were to be called the Agra Manasik Arogyashala Rules 1994.

As per the Rules the objectives of the Agra Mansik Arogyashala were to provide diagnostic and therapeutic facilities for mental patients, their social and occupational rehabilitation, professional and paraprofessional training in the field of psychiatry, clinical psychology, psychiatric social work and psychiatric nursing. Its responsibilities would also include expansion of mental health services at community level by providing training to medical and paramedical personnel in the field, and research in behavioral sciences.

Further, the rules included directions relating to administrative and financial functioning. It was also provided, that any amendment in the Rules might only be made by a resolution passed by not less than six members of the Committee provided that such a resolution was approved by the State Government of U.P. The Court also requested the Union Health Secretary to be advisor and visitor of the Agra Manasik Arogyashala for a period of one year and to submit his report on its functioning and suggest requisite changes that may be necessary from time to time.

Sections Referred:

  • Article 32 of the Constitution of India