Finding the state of mentally disabled persons to be “pathetic” in the country, the Supreme Court on Thursday ordered a reality check by directing all States and Union Territories to highlight what steps had been taken for the care and rehabilitation of this category of citizens.
Examining a report prepared with regard to Asha Kiran, a Government-run home for mentally challenged persons in Delhi, the Bench of Justices Dipak Misra and Prafulla C Pant found several inadequacies in catering to the specific needs of mentally challenged persons (both children and adults).
“We are obliged to think that an occasion has arisen so that there can be a comprehensive study of the situation where this class of people are treated with dignity, respect and as far as practicable feel a part of the mainstream of life,” the Bench said, issuing notice to all Centre, States and UTs.
Dealing with the case at hand arising from an order passed by the Delhi High Court, the apex court was informed by senior advocate Colin Gonsalves appearing for the petitioner Reema Banerjee that the Governments (both Centre and States) have turned a blind eye to their duty under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 which requires special care, facilities and rehabilitation of mentally challenged persons.
A comprehensive report prepared by Radhika Alkazi, the founder of Centre for Research and Policy in Disability (CRPD) upon a visit to Asha Kiran highlighted the “pathetic” conditions of living there due to which several inmates had died at the home.
“The pathetic situation of this category of persons which have been highlighted before us in other States cannot be ignored or marginalised,” noted the Bench. It added that though some efforts were made on part of some States under the 1995 Act, it was “not adequate enough to meet the real challenge”.
When the matter will be heard next on July 8, the States and UTs will have to report the existing ground situation based on the reports prepared on Asha Kiran by the expert group. According to the report, Asha Kiran was severely overcrowded with occupancy of 894 inmates against the sanctioned strength of 510. There was severe shortage of care takers, most of whom were disenchanted due to erratic payment of wages.
What starkly stood out on inspection of the home was “unhygienic and inhuman” condition of rooms, toilets, and kitchens complicated by dirty clothing, beds, and badly cooked food. Following media reports of several deaths due to negligence at the said home, an advisory expert group constituted by Delhi High Court in this matter even recommended steps to improve existing conditions, with focus being on health, hygiene, and timely medical care.
The Supreme Court, on the last date of hearing, had requested senior advocate Vivek Tankha to visit the home and submit a report. Tankha's report confirmed overcrowding and stressed on the need of further improving facilities at the home.