The main legal point established in the judgment is the obligation to provide adequate infrastructure, care, and amenities for mentally ill persons in accordance with the provisions of the Mental Health Act, 1987.

Rajiv Sharma, J.

1. According to definition clause 2 (l) of the Mental Health Act, 1987, “mentally ill person” means a person who is in need of treatment by reason of any mental disorder other than mental retardation. Clause 2(q) of the Act provides “psychiatric hospital” or “psychiatric nursing home” means a hospital or 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.

2. We have gone through the various affidavits filed in sequel to the directions issued by this Court from time to time.

3. It is stated in the affidavit filed by the Secretary (Health), Government of Himachal Pradesh that no post of Psychiatrist was created in any District Hospital. However, efforts have been made to recruit the Medical Officers having undergone their Post Graduation Degree/Diploma/adequate experience in the field of Psychiatry through Walk-in-interviews. It is also stated that regular meetings of the State Mental Health Authority are held from time to time to discuss various issues relating to the Mental Health Act. It is also stated that the department is already providing short term rehabilitation to those diagnosed with mental ailment through Himachal Hospital of Mental Health & Rehabilitation, Shimla. The rehabilitation of fully cured patients is out of the purview of the Health Department.

4. Learned Amicus Curiae has highlighted in the written submissions made at page No. 195 of the paper-book that the inmates of Nari Sewa Sadan who are suffering from mental diseases be shifted to H.H. Mental Health and Rehabilitation Centre, Shimla.

5. The Director, Women and Child Development, H.P., Shimla has filed the affidavit, dated 19th December, 2011. According to her, the Social Justice & Empowerment Department is running a Nari Niketan at Mashobra, District Shimla. The State Government has framed the rules for admission of inmates in the State Home (Nari Nekaten). As per rules, only from the following categories women are given admission in the State Home:

1. Unattached women and orphan girls who are in moral danger and in whose favour the Courts have passed orders to lodge them in the State Home.

2. Young widows including deserted wives.

3. Hard cases which are not covered by the above categories but in the opinion of the Director deserve admission.

Following measures have been provided to rehabilitate the women:

1. By providing various types of training in institutions enabling them to earn their livelihood after they are discharged from the home.

2. Rehabilitation grant of Rs. 10,000/- per woman.

3. Marriage grant in case of woman desired to get married @ Rs.11001/-.

6. Learned Amicus Curiae has also highlighted in the written submissions made at page 227 of the paper-book that some of the inmates in the mental hospital are improving and their health condition is better now and they can be sent back to their homes. The details of such persons have been given in the written submissions. It has also been highlighted that there is shortage of Class-IV employees in the hospital. There is also dearth of Special Attendants.

7. The Principal Secretary (Health), Government of Himachal Pradesh, Shimla in his affidavit, dated 16th October, 2012 has stated that the department was in the process of creating facilities for rehabilitation of such inmates of the hospital, who have been cured of their mental illness and have no takers/carers by providing space in the lower storey of the building which is lying vacant and is altogether separate from hospital wards. The process for furnishing the space and making arrangement for diet as well as social counseling of the inmates is going on and will be completed shortly. The help of NGOs. was also solicited. The Rogi Kalyan Samiti at Himachal Hospital of Mental Health and Rehabilitation, Shimla has