New
Delhi:
The Supreme Court on Wednesday deprecated the practice by states of
re-designating old-age homes and other custodial institutions as halfway homes
for people who have been cured of mental illness saying it would not subserve
the purpose of rehabilitation.
A
bench of Justices DY Chandrachud, Vikram Nath and Hima Kohli said halfway homes
and rehabilitation of the cured people must take place pro-actively across the
country by the states/UTs and mere re-designating the existing facilities will
not serve the purpose.
The
top court noted that Maharashtra has decided to issue 186 persons who were
overstaying in mental health care institutions to beggars' homes or other
custodial institutions.
It
said that after the issue was highlighted by the court in its previous order, a
letter was written on July 21 by the chief secretary to expedite the process of
shifting these persons from beggars home/old age home to half way homes.
The
bench said that a note filed by the state government indicated there were a
total of 415 cured patients who have over stayed in mental health institutions
of which 186 were temporarily shifted to old age homes, homes for women and
beggars homes, until the establishment of halfway homes and their
rehabilitation takes place.
It
said the note states that on July 23, 2021, a decision was taken by Maharashtra
to relocate persons who have been cured of mental illness within three months
after identifying and contacting NGOs working in the sector of mental health
services.
It
added that until the above exercise is completed, the public health department
has taken the responsibility of providing requisite facilities both in terms of
medical care, counselling and other requirements.
The
bench said that Maharashtra has stated that the exercise of establishing
halfway homes and rehabilitation homes will be completed within six months.
“The
modalities which have been said by the state of Maharashtra are simply pushing
the cured patients from mental health care institutions to beggar homes and Old
age homes. This could not amount to compliance with earlier directions of this
court,” the bench said.
“Now
that the state has woken up to its responsibilities and has taken action, we
direct the process be taken to its logical conclusion by assuring that on or
before November 30, the cured persons are duly placed with the institutions,
which are capable of meeting with their requirement of such cured persons who
are no longer mentally ill but need to be placed in halfway homes, so that
their need of rehabilitation and care can be pursued,” it said.
It
directed that Maharashtra government should take steps to abide by the
undertaking of setting up halfway homes, and rehabilitation homes within a
period of six months.
Dealing
with Uttar Pradesh, the bench said that the status report filed by Centre
indicates that the state government has simply followed a pattern of
re-designating the old age homes in each of 75 districts, as halfway homes.
“Again
this does not mark a valid discharge of its duties and obligations by the state
government of complying with the direction of this court as well as provisions
of the mental health care act,” the bench said.
It
said, “Merely re-designating the existing homes in all the 75 districts as
halfway home will only do lip service to the need of having actual half way
homes where requirements of rehabilitation are duly observed”.
It
added that the court has highlighted the position in UP and Maharashtra to
emphasise that there are two separate issues, which needs to be considered like
the establishment of halfway homes and rehabilitation homes must takes place
pro-actively across the country by the states/UTs and mere re-designating the
existing facilities will not serve the purpose.
“The
ultimate task is of rehabilitation, which cannot not be subserved by merely
relocating the persons, who have been cured of mental illness. In this context
the guidelines which have been issued by the Centre provide a detailed
blueprint for setting up the homes and for following a social care model of
rehabilitation,” the top court said.
“We
do not find any genuine progress has been made in that context though different
state governments have indicated varying timelines for setting up the halfway
homes,” it added.
The
court said it would be appropriate if the Centre monitors the progress and
apprises the court periodically, so that it is not required to take up the case
of each state individually for assessing the progress which has been made.
It
said the Ministry of Social Welfare and Empowerment must hold meetings every
month to monitor the progress of setting up of halfway homes and for the
rehabilitation of persons, who are cured of mental illness in terms of the
previous and the present orders of the court.
The
court said the Centre may set up a dashboard in which states can upload the
information on a real time basis about the facilities at halfway homes,
availability of institutions, capacity, occupancy and region wise distribution
of halfway homes.
It
adjourned the matter for further hearing to the last week of December and asked
the Centre to file a status report with all the details from the states and
progress made in setting up of halfway homes.
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