2016 Supreme(SC) 951

SUPREME COURT OF INDIA
T.S. Thakur, CJI., A.M. Khanwilkar, J.
Reena Banerjee & Anr. – Appellants
Vs.
Govt. of NCT of Delhi & Ors. – Respondents
CIVIL APPEAL NO.11938/2016 (Arising out of S.L.P.(Civil) No.39321/2012)
Decided On : 08-12-2016

IMPORTANT POINT
Central Coordination Committee is responsible for ensuring compliance of the mandate regarding infrastructure and other facilities to be provided in the Homes established under the 1995 Act as also for overseeing that the same are properly maintained. The Union and State Secretaries made responsible for monitoring progress of the respective Coordination Committees.

Headnote:(a) Constitution of India – Article 136 – Suo motu writ petition – IA highlighting pitiable conditions in Home for differently abled men, women and children, instantly Asha Kiran Home of Delhi – Material on record showing substantial redressal of the issues agitated by appellants – Appellants can always give their suggestions to the Governing Council for further improvisation – Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. (Para 8)

       (b) Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 – Section 3, 8, 10 and 18 r/w sections 3, 4, 5 and 10 Mental Health Act, 1987 – Central and State Co-ordination Committees – Central Executive Committee and State Executive Committees – Mental Health Authorities – Functions – Co-option of suitable persons – Section 22 – Psychiatric hospital and psychiatric nursing home – Provisions of 1987 or 1995 Act, and Rules framed thereunder, articulate the manner of providing proper conditions in Hospitals/Homes established under the concerned enactment and also for its maintenance. (Para 17, 21)

       (c) Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 – Section 23 – Directions given to Central Coordination Committee for ensuring compliance of the mandate regarding infrastructure and other facilities to be provided in the Homes established under the 1995 Act as also for overseeing that the same are properly maintained – Union and State Secretaries made responsible for monitoring progress of the respective Coordination Committees – Use of IT technology for capturing and retrieving real time information suggested. (Para 23, 24, 25, 26, 30)

       Facts of the case:

       The appellants filed an intervention application in the High Court, in a disposed of suo moto Writ Petition (Civil) No. 5621/2012.

       This intervention application, however, was directed to be delinked from the disposed of suo moto Writ Petition and to be registered as a fresh Writ Petition. Accordingly, the application was registered as W.P.(Civil) No.8229/2011. The principal issue argued before the High Court was about the pitiable and pathetic condition of Asha Kiran Home (the sole Delhi Government run Home) for differently abled men, women and children. Asha Kiran Home comprises of six institutions within a complex of four buildings for mentally retarded children and adults. The appellants highlighted the issues such as inadequate medical treatment, medical services and access to Doctors, skewed ratio of staff to look after the inmates, overcrowding, poor distribution and consumption of dietary, clothing, bedding and other items and also about the abuses of various kinds to the mentally challenged persons residing in the said Home, in particular the female residents. The appellants essentially relied on the media reports to buttress their plea about the pathetic condition and the cruel treatment meted out at the hands of staff members in Asha Kiran. When the matter progressed before the High Court, the management of Asha Kiran agreed to consider the suggestions given by the appellants and also to chalk out a holistic action plea to remedy the deficiencies. They said that they were not treating the proceedings as an adversarial litigation. The High Court, therefore, directed the parties to convene a joint meeting and submit a proposal about the reforms required in Asha Kiran, if any. The Government of Delhi, accordingly, submitted a report about the action already taken and proposed to be taken thereat.

       After adverting to the commitment made by the State Government in the aforesaid report, the High Court opined that the proposed action would go a long way in improving the condition of Asha Kiran Home. On that basis, the High Court disposed of the matter by expressing a hope that the Authorities concerned will implement the proposed action within assured time frame. As regards the suggestions given by the appellants in respect of the proposed action, the High Court clarified that the Government Authorities may consider the same.

       The principal grievance of the appellants is that the High Court ought not to have mechanically accepted the suggestions given by the State Government in toto; and more particularly because the past experience shows that the Authorities had never fulfilled their commitments made before the High Court in previous Writ Petitions. Further, there was an imminent need to drastically improve the condition of Asha Kiran for mentally challenged persons, keeping in mind the suggestions given by the appellants before the High Court. The High Court ought to have examined the suggestions presented in writing by the appellants. Besides the appellants, by way of rejoinder affidavit filed in this Court, have disputed the correctness of the factual position about the condition of Asha Kiran Home.

       Finding of the Court:

       The 1995 and 1987 Acts mandate establishment and proper maintenance of Homes for mentally challenged persons.

       Result: Appeal disposed of.