The central legal point established in the judgment is the protection of the rights and well-being of mentally ill persons, as well as the establishment of proper mechanisms for their care and rehabilitation.

Judgement

ORDER :- We have heard learned Additional Solicitor General Mr. Altaf Ahmed and counsel for the parties.

2. In continuation of our order dated 5th February, 2002 and considering various provisions of the Mental Health Act, 1987, particularly S. 5 which inter alia provides that Central Government may in any part of India or State Government may within the limits of its jurisdiction establish or maintain psychiatric hospital or psychiatric nursing homes for the admission, treatment and care of mentally ill persons at such places as it thinks fit, it is directed as under :

1. Every State and Union Territory (UT) shall undertake a comprehensive need assessment survey and file the report thereof on the following aspects :

(a) Estimated availability of Mental Health Resource personnel in the State, including psychiatrists, psychologists, psychiatric social workers and psychiatric nurses in both the public and private (licensed) sector;

(b) Type of Mental Health Delivery System available in the State, including the available bed strength, outpatient services and rehabilitation services in the public and private (licensed) sector;

(c) An estimate of the Mental Health Services (including personnel and facilities) that would be required having regard to the population of the State and the incidence of mental illness.

2. The Chief Secretary of each State and Administrator/Commissioner of every UT shall file an affidavit stating clearly;

(i) Whether any minimum standards have been prescribed for licensing of Mental Health Institutions in the State/UT and in case such minimum standards have been prescribed, full details thereof;

(ii) Whether each of the existing registered Mental Health Institutions in the State/UT, whether private or run by the State, meet such minimum prescribed

standards as on date of passing this order and if not, what steps have been taken to ensure compliance of licensing conditions and/or withdrawal of the licence.

(iii) How many unregistered bodies, by whatsoever name called, purporting to offer psychiatric/mental health care exist in the State on date of this order and whether any of them comply with minimum standards and are entitled to grant of licence and if not, whether steps have been taken to close down the same;

(iv) Whether any mentally challenged person has been found to be chained in any part of the State/UT;

(v) Conclusions on the basis of the Need Assessment Survey undertaken in terms of direction (1) above.

It is made clear that each affidavit must specifically and comprehensively deal with each of the queries set out above.

3. The report of Need Assessment Survey and affidavit as set out in directions (1) and (2) above shall be submitted to the Health Secretary, Union of India so as to reach him latest by 1st July, 2002. The Health Secretary, Union of India shall thereafter compile and collate the information as above and present the same in the form of a self-explanatory note/chart to this Court along with his conclusions. The affidavits filed by the States/UTs shall be annexed to the note/chart. The Health Secretary, Union of India shall file the said note/chart in this Court by 15th July, 2002.

It is further directed that the Chief Secretaries of all States and Commissioners of all UTs who fail to file such affidavit with the Health Secretary, Union of India by 1st July, 2002 shall have to personally remain present on the next date of hearing and explain the default.

4. Further Union of India is directed-

a) To frame a policy and initiate steps for establishment of at least one Central Government run Mental Health Hospital in each State (as provided under S. 5 of the Act);

b) To examine the feasibility of formulating uniform rules regarding standard of services for both public and private sector Mental Health Institutes;

c) To constitute a committee to give recommendations on the issue of care of mentally challenged persons who have no immediate relatives or who have been abandoned by relatives;

d) To frame