Directions to Protect the Rights of the Mentally Ill

Saarthak Registered Society and another vs. Union of India

Filed Under: Section 5, 37 and 43 of the Mental Health Act, 1987
Petitioner: Saarthak Registered Society and another
Respondents: Union of India
Citation: Air 2002 C 3693
Court: Supreme Court of India
Judge: M.B. Shah, Bisheshwar Prasad Singh and H.K. Sema

Facts

This order was passed in continuation of previous order (given in Death of 25 Chained Inmates in Asylum Fire in Tamil Nadu).

Observation of the Court

After hearing the arguments and the relevant provisions of the Mental Health Act, the Court directed as follows-

  1. Every State and Union Territory shall undertake an assessment survey and file the report on the following aspects:
    1. Estimated availability of mental health resources including psychiatrists, psychologists, psychiatric social workers and nurses in both public and private sector
    2. Type of Mental Health Delivery System available in the State including available bed strength, outpatient and rehabilitation services
    3. An estimate of the Mental Health Services that would be required considering the population of the State and the incidence of mental illness
  2. The Chief Secretary of each State and Administrator/Commissioner of every UT to file affidavit stating clearly-
    1. Whether any minimum standards have been prescribed for licensing of Mental Health Institutions in the State/UT and in case such  minimum standards have been prescribed
    2. Whether each of the existing registered Mental Health Institutions in the State/UT whether private or run by the State meet the basic minimum standards as on date of passing this order and if not, what steps have been taken to ensure compliance of licensing conditions
    3. Number of unregistered bodies providing psychiatric/mental health care exist in the State and whether any of them comply with minimum standards.
    4. Whether any mentally person challenged is found to be chained in the State.
  3. The report on the Need Assessment Survey and affidavit was to be submitted to the Health Secretary, Union of India within a stipulated time. The Health Secretary was to compile them and present it to the Court.
  4. Further Union of India was directed to:
    1. Frame a policy and initiate steps for establishment of at least one Central Government run Mental Health Hospital in each State
    2. Examine the feasibility of formulating uniform rules regarding standard of services for both public and private sector Mental Health Services
    3. Constitute a committee to give recommendations on the issue of care of mentally challenged persons who have no immediate relatives or who have been abandoned by relatives.
    4. Frame norms for non-government organizations working in the field of mental health and to ensure that the services rendered by them are supervised by qualified/trained persons.
  5. All State Governments were also directed to frame policy and initiate steps for establishment of at least one State Government run Mental Health Hospital in each State.
  6. Two members of the Legal Aid Board of each State were appointed to make monthly visit to such institutions to help the patients and their relatives in applying for discharge if they have been fully discharged.
  7. Two members of the Legal Aid and Judicial Officer would explain their rights to patients and their guardians at the time of admission to the institutions.
  8. Form a Board of Visitors as required under the Mental Health Act to every State or private institution at least once a month.
  9. Envisage a scheme for rehabilitation process for people who are not having any backing or support in the community.

With the above directions, the petition was disposed off.

Sections Referred:

  • Section 5, 37 and 43 of the Mental Health Act, 1987

Death of 25 Chained in Asylum Fire in Tamil Nadu v. Union of India

Filed Under: Section 3 to 8 of the Mental Health Act, 1987 Section 21 of the Mental Retardation and Multiple Disabilities Act Article 21 of the Constitution of India
Appellant :Death of 25 Chained in Asylum Fire in Tamil Nadu
Respondent: Union of India
Citation: (2002) 3 SCC 31
Court: In the Supreme Court of India
Judge: M.B.Shah, B.N.Agarwal and Arijiot Pasayat

Facts

A news item was published in all leading national dailies about the gruesome tragedy in which more than 25 mentally challenged patients housed in a mental asylum at Ervadi in Ramanathapuram district were charred to death, the patients could not escape the blaze as they had been chained to poles or beds. The Court took note of the same and Dr. Abhishek Manu Singhvi, the Senior Counsel was requested to assist the Court.

Thereafter, by order the Court called for a report from the State of Tamil Nadu, other State Governments and the Union Government. On the next date of hearing, most of the States sought extension of time to comply with the order of the Court. Dr. Singhvi submitted that the Mental Health Act, 1987 was not at all implemented by the authorities concerned and there was failure on the part of the Central/State Governments to implement the Act.

On behalf of the Union Government it was stated that the Government would take appropriate action to implement the Act.

Observations of the Court

 After hearing the case the Court issued the directions as suggested by Dr.Singhvi:

  1. Every State and Union Territory must undertake a district wise survey of all registered/ unregistered bodies and offer them psychiatric/mental health care. All such bodies should be granted or refused licence depending upon whether minimum prescribed standards are fulfilled or not. Further no mentally challenged person should be chained in any part of the State.
  2. The Chief Secretary or Additional Chief  Secretary designated by him shall be the nodal agency to coordinate all activities involved in implementation of the Mental Health Act, 1987, Persons with Disabilities Act 1995, Mental Retardation and Multiple Disabilities Act 1999. 
  3. The Cabinet Secretary, Union of India shall file an affidavit within one month from the date of this order indicating the contribution that has been made under section 21 of 1999 Act., 1987, Disabilities Act 1995, Mental Retardation and Multiple Disabilities Act 1999.
  4. If the State/ Union Territory does not have one full-fledged State Government-run mental hospital, the Chief Secretary of the State/ Union Territory must file an affidavit with one month from the date of this order indicating steps being taken to establish such full-fledged mental hospital and a definite time schedule for the establishment of the same.
  5. Both the Central and State Governments shall undertake a comprehensive awareness campaign with a special rural focus to educate people about the provisions of law relating to mental health, rights of mentally challenged persons, the fact that chaining of mentally challenged persons is illegal and that mental patients should be sent to doctors and not to religious places. The Court further directed the State as well as the Central Government to file an affidavit complying with the directions suggested.
  6. Every State was directed to file an affidavit in the Court within one month indicating whether State Mental Health Authority exists in the state, the reasons for not establishing it if it is not set up, the date of meetings of those authorities that already exist etc.

Order:

The Court directed that all the States had to submit the affidavits and posted the case for another date.

Sections Referred:

  • Section 3, 4, 5, 6, 7, 8 of the Mental Health Act, 1987
  • Article 21 of the Constitution of India
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