New Delhi: The National Human Rights Commission (NHRC) on Wednesday said that all the 46 Government Mental Healthcare Institutions across the country are in deplorable conditions and depict a very pathetic handling by the different stakeholders. The inhuman and deplorable conditions of the mental health institutes recorded by it across the country, present sorry states of affairs amounting to infringement of the human rights of mentally ill patients. The cured patients are being kept illegally in the hospitals. There is an acute shortage of doctors and staff.

The Commission’s observations have come on the basis of the visits of the Full Commission to the four government hospitals in Gwalior, Agra, Ranchi, and the remaining 42 by its Special Rapporteurs in various parts of the country recently to assess the situation on the ground and the status of the implementation of the Mental Healthcare Act, 2017.

The reports of the visits have prompted it to take suo motu cognizance of the matter and issue notices to the Union Health & Family Welfare Secretary, Director General of Health Services, Chief Secretaries and Principal Secretaries, Health, Director General of Police and  Commissioner of Police in the metropolitan cities of all the State Governments as well as Union Territories, Directors of 46 mental institutions across the country calling for the specific reports detailed action taken reports within six weeks.

The Union Health and Family Welfare Secretary and Director General of Health Services have to submit the report on the status of framing rules under the Act, 2017 as contemplated under Section 121 of the Act 2017, as well as the establishment of the Central Authority as contemplated under Section 33 of the Act 2017, and filling up the vacancies of the Central Authority and status of execution of various provisions of the Act 2017 by the Central government, said the NHRC in a statement.

The reports of the Directors of 46 mental institutions response should include the steps taken or proposed to be taken for filling up the vacancies of the Professors and other staff members; records of the discharged patients, who have been cured from mental illness, latest status of the emergency ward and other overall improvement made after the visits of Commission and / or Special Rapporteurs of the Commission with regard to infrastructure, vocational opportunities to the inmates, number of persons released and reunited with the family members with specific statistics.

The Director General of Police and Commissioner of Police in the metropolitan cities respectively of all the States and Union Territories have to submit reports with regard to the status of the complaints received or registered relating to mentally ill persons, regarding non-rehabilitation or non-reintegration with the family and measures taken or proposed to be taken to ensure that cured persons from mental illness should be living with the family and other members of the community. The reports must also contain assistance or other measures taken from the District Legal Services Authority or State Legal Services Authority, as the case may be.

The NHRC visit reports suggested that none of the institutes have taken effective and long term  measures to ensure that a mentally ill person can exercise his right to community living unfettered, unchallenged and / or without any hindrance. Issuing the notices, the Commission has noted that it is categorically mandated under Section 19 of the Mental Healthcare Act that where it is not possible for mentally ill person illness to live with his family or relatives, or where a mentally ill person has been abandoned appointed by his family and relatives, the appropriate Government shall provide support as appropriate including legal aid and to facilitate exercise his right to live in a family home. /BI/