SC Tells NHRC To Monitor Care In Faith-Based Mental Asylums

The Supreme Court on Tuesday directed the National Human Rights Commission (NHRC) to monitor all concerned authorities with respect to the health treatment of persons placed in (or near) faith-based mental asylums.

A bench of Justices PS Narasimha and R Mahadevan transferred a 2018 plea that sought directions for the immediate release, care and treatment of persons with mental illness confined in a faith-based asylum at Badaun, Uttar Pradesh, to the NHRC.

Additionally, the plea had also sought directions to all concerned state authorities to implement the provisions of the Mental Healthcare Act, 2017, including the establishment of authorities, boards, rules, and regulations under the Act.

“We are of the opinion that interest of justice will be subserved if we direct the NHRC to monitor the writ petition and pass necessary directions after hearing the statutory authorities. In view of the above, the WP is transferred to NHRC for being renumbered as a complaint and for monitoring and disposing of it as per law”, the court noted.

During the hearing, the apex court asked petitioner Advocate Gaurav Bansal that the plea dates back to 2018 and the court has already issued directions in this regard, so what remains to be dealt with in the plea.

Bansal submitted that in many mental asylums, patients with mental illness are being treated by way of the faith on which the asylum is based.

“In most of such places, in Hanuman Mandirs and Madarsas, the faith-based asylums are keeping persons and treating them on the basis of their faith”, Bansal said.

After hearing the petitioner briefly, the apex court was of the view that these grounds are generalised, having been dealt with by the Court earlier. The Court thus suggested that the NHRC can be asked to monitor this regard.

The apex court also suggested that the NHRC can issue notices to all concerned authorities, such as the Central and State Mental Health Authorities, seeking their responses regarding compliance with the court’s directions for the proper functioning of faith-based mental asylums and the treatment of mentally challenged persons placed in them.

The apex court has also directed NHRC to ensure that the states which have yet to constitute the concerned authorities as per law in this regard to comply with the directions of the Court and to ensure they are functioning vibrantly. (ANI)