Transfer of Administration to Check Mismanagement of Mental Hospitals

B.R.Kapoor and Other Union of India

Filed under: Article 32 of the Constitution of India
Appellants: B.R.Kapoor and Other
Respondent: Union of India
Citation: 1989 (1) Scale 278
Court: Supreme Court of India
Judge: Ranganath Misra and M.N.Venkatachaliah

Facts

This is a Public Interest Litigation pointing out the mismanagement of the Hospital for Mental Diseases, located at Shahdara, an institution maintained and run by the Delhi Administration.

The Supreme Court had appointed a committee comprising of four eminent psychiatrists to visit the hospital, ascertain the prevailing condition, assess the treatment given to the patients and to also look into certain specific allegations which had been made to the Court. The Court further requested the Committee to suggest remedial measures to improve the condition and to establish congenial atmosphere.

The Committee submitted an exhaustive report on various aspects.

Observations of the Court

The Court noted that the enquiry report contained valuable material in regard to the state of affairs prevailing in the Hospital and the Committee and had made about 35 suggestions on issues like admission, discharge and treatment of the patient, sanitary conditions, water, food kitchen etc to improve the conditions in which patients were maintained in the hospital.

Based on the report, the Court directed the Delhi Administration to rectify the defects and to attend to the aspects indicated by way of recommendations. The Delhi Administration responded to this direction by filing an affidavit after three years stating that most of them had been complied with.

The Court held that Mental Hospital Located at Shahdara should be taken over by the Union of India from the Delhi Administration and modeled on the lines of similar psychiatric hospital run by NIMHANS at Bangalore. It was further directed that Union of India should look into the matter with due care and concern and indicate a positive response when the matter was called on for further directions.  

Sections Referred:

  • Article 32 of the Constitution of India