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2018 Supreme(HP) 1785

SANJAY KAROL, AJAY MOHAN GOEL
Anil Kumar Bansal – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Anil Bansal, Adv., Jyotsna Rewal Dua, Adv., Charu Bhatnagar, Adv., Ashok Sharma, Adv., Adarsh Sharma, Adv., Rita Goswami, Adv., Nand Lal, Adv., Rajesh Sharma, Adv.

JUDGMENT

Sanjay Karol, C. J. - A Constitution Bench of the Hon''ble Supreme Court of India in Common Cause (A Registered Society) v. Union of India & another , (2018) 5 SCC 11, inter alia, observed as under:

    "202.9. Right to life and liberty as envisaged under Article 21 of the Constitution is meaningless unless it encompasses within its sphere individual dignity. With the passage of time, this Court has expanded the spectrum of Article 21 to include within it the right to live with dignity as component of right to life and liberty."

    2. The aforesaid observation applies, on all fours, in construing the provisions of the Mental Healthcare Act, 2017 (hereinafter referred to as the Act).

    3. The Writ Petitioner has highlighted two instances, where persons suffering from mental illness, who were found wandering on the road, were taken to the hospital for providing medical treatment. He also points out indifferent and callous attitude on the part of the authorities in discharging the duties under the Act.

    4. We may only point out that the persons with disability, referred to in the writ petition, were properly attended to and appropriate action taken in that regard.

    5. During the pendency

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