Directions to Provide Adequate Medical Facilities

Chandan Kumar Banik vs. State of West Bengal

Filed under:Article 32 of the Constitution of India, 1950
Appellant:Chandan Kumar Banik
Respondent:State of West Bengal
Citation:1995 Supp (4) Supreme Court Cases 505
Court:In the Supreme Court
Judges:Ranganath Misra, PB Sawant and K Ramaswamy

This is a case in which a Public Interest Litigation was filed in the Supreme Court against a state run mental hospital where the conditions of the patients were found to be pathetic.

Facts

This case was an application, which had its origin as a Public Interest Litigation in a letter addressed to the Supreme Court on the basis of a press publication with a photograph showing mentally ill patients chained in a State Hospital in West Bengal. Thereafter a notice was issued to the State Government of West Bengal and an affidavit was filed in reply to this notice. The Court appointed a Committee to inspect this mental hospital located at Amankundu in the District of Hooghli and to write a report about the conditions prevailing there.

The Committee inspected the Hospital on December 3, 1989 in the presence of Shri Bandopadhyay, IAS who was the Sub-Divisional officer of Chander Nagar and was also the administrator of the hospital. The Chief Medical Officer was also present during the inspection. In its report the Committee took into account the various aspects like the administration, the condition of the hospital, the amenities to the patients and the scope of treatment available therein. Reference was also made to the diet and the staffing pattern of the hospital. On each of these aspects several defects were pointed out.

The stand of the State was that the land had come from a philanthropist and the trust took over this land and built the hospital. However, since the management was not appropriate, the Government took over the management and appointed the local Sub-Divisional Officer as the Administrator. It was also stated that there were several such hospitals in the State and there was inadequacy of facilities for treatment of mentally ill patients.

It was also suggested in the counter-affidavit that what prevailed in the hospital seemed to be the general condition in other hospitals of the State and therefore no exceptional treatment should be given or provided by any judicial direction in regard to the hospital in question. At the hearing, the lawyer appearing on behalf of the State agreed that since the management was vested in the State – however temporary the duration might be – it would be an obligation of the State of West Bengal to provide adequate treatment.

Observations of the Court

The Court expressed its displeasure about the fact that a hospital had been left in charge of a Sub-Divisional Officer as its Administrator. This was especially so considering the fact that it was a mental hospital. According to the Court, to administer such an institution there was a need to appoint a person who had an understanding of and consideration for mentally ill people. A public officer ordinarily in charge of the law and order problems as was the Sub-Divisional officer would often be called upon to discharge duties outside of the hospital and as a result would often be away from the hospital.

According to the Court, he was not a suitable person to deal with mentally ill persons. The Court also took into account the fact that there was a Chief Medical Officer attached to the hospital. However, the Court held that the Chief Medical Officer, though a doctor was not an adequate substitute for the Administrator. Accordingly, the Court recommended the State Government to immediately think of placing the administration of the Hospital in charge of a competent doctor with requisite administrative ability and power.

From the materials available, the Court also observed that there was no drug treatment for patients who were unruly or not physically controllable otherwise. As a rule such patients were usually tied up with iron chains to some fixed pillar or door frame, until in due course normalcy was restored. The State lawyer therefore agreed that there would be no recurrence of the chaining system and immediate steps would be taken to provide drug therapy.

The Court also observed that since several deficiencies had been reported by the inspection committee, a copy of this report should be sent to the Chief Secretary to the State Government for being placed before an appropriate Minister. The minister was to consider the matter for providing improvements in the hospital. Certain facts were considered by the Court that indicated the deficiencies, which required immediate attention. Some of these deficiencies pointed by the Court were as follows:

  • Provision for toilets and bathrooms for the female patients who were forced to ease themselves and bathe in the open, and as a result be noticed.

  • The deficiencies in diet as pointed out in the inspection report.

The Court hoped that the State Government would take a humane view on every aspect and respond to the needs of the patients detained in this mental hospital, particularly in those matters that had been highlighted.

Sections Referred:

  • Article 32 of the Constitution of India, 1950