IMPORTANT POINT
The Mental Health Act, 1987 is not implemented by Central and State Govts. Therefore learned amicus curiae sought for issuance of certain directions which the Apex Court directed accordingly to avoid any Asylum Fire Incident like that of Tamil Nadu involved in this suo moto action.

ORDER

On the basis of submission note of the Registrar (Judicial) to a news item published in all leading national dailies about a 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, this Court took suo moto action.

2. After considering the factual report, Dr. Abhishek Manu Singhvi, learned senior counsel was appointed as Amicus Curiae to assist the Court and notice was also issued to the Union of India.

3. Thereafter, by order dated 15.10.2001 this Court called for the report of the State of Tamil Nadu on the subject and also sought information on the topics which are mentioned, from the State Governments and Union Government on an affidavit of competent authority.

4. Thereafter, when the matter was placed before this Court on 21.1.2002, most of the States sought extension of time for compliance with the order passed by this Court. The matter was adjourned for 29.1.2002. On that day also, some of the State Governments again sought extension of time for compliance with the directions issued by this Court. Further, learned Amicus Curiae submitted that the Mental Health Act, 1987 (for short "the 1987 Act") is not at all implemented by the concerned authorities and there is failure on the part of Central/State Governments to implement the 1987 Act.

5. Mr. Soli J. Sorabjee, learned Attorney General appearing on behalf of the Union Government submitted that the 1987 Act is for the benefit of mentally ill persons and is required to be implemented right earnestly. He submitted that the Centre would take appropriate action for implementation of the 1987 Act as early as possible.

6. In our view, it appears that there is slackness on the part of the concerned authorities to implement the laws enacted by the Parliament. This is one such instance.

7. One of the objects of the 1987 Act is to provide a law relating to the treatment and  care of the mentally ill persons. Notification for implementing the Act was published in the Gazette of India on 11.1.1993.

8. For the time being we would refer to the definition clause 2(1) which provides mentally ill person to mean a person who is in need of treatment by reason of any mental disorder other than mental retardation. Further, clause 2(q) inter alia provides psychiatric hospital and psychiatric nursing home to mean a nursing home established by any other person for the treatment and care of mentally ill persons and includes a convalescent home established or maintained by any other person for such mentally ill persons. The said section reads thus :-

"2(q) "psychiatric hospital" or "psychiatric nursing home" means a hospital or, as the case may be, a nursing home established or maintained by the Government or any other person for the treatment and care of mentally ill persons and includes a convalescent home established or maintained by the Government or any other person for such mentally ill persons, but does not include any general hospital or general nursing home established or maintained by the Government and which provides also for psychiatric services."

Further, Section 3 provides that -

(1) The Central Government shall establish an Authority for mental health with such designation as it may deem fit.

(2) The Authority established under sub-section (1) shall be subject to the superintendence, direction and control of the Central Government.

(3) The Authority established under sub-section (1) shall-

(a) be in charge of regulation, development, direction and co-ordination with respect to Mental Health Services under the Central Government and all other matters which, under this Act, are the concern of the Central Government or any officer or authority subordinate to the Central Government :

(b) supervise the psychiatric hospitals and psychiatric nursing homes and other Mental Health