ORDER :

(Order of this Court was made by N.KIRUBAKARAN, J.)

Prayer : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents setup a medical wing in either Trichy Central Prison or Madurai Central Prison exclusively to provide mental health care facilities to the prisoners with mental illness and with round the clock availability of treatment by the Psychiatrist, clinical psychologist, Psychiatric social workers, Mental Health Nurses and other paramedical staffs like Institute of Mental Health setup in a central prison as per Section 103 and other relevant provisions of ‘The Mental Health Care act, 2017’ in accordance with within the time stipulated by this Hon’ble Court.

This Writ Petition has been filed for a direction to the Respondents setup a medical wing in either Trichy Central Prison or Madurai Central Prison exclusively to provide mental health care facilities to the prisoners with mental illness and with round the clock availability of treatment by the Psychiatrist, clinical psychologist, Psychiatric social workers, Mental Health Nurses and other paramedical staffs like Institute of Mental Health setup in a central prison as per Section 103 and other relevant provisions of ‘The Mental Health Care act, 2017’

2. “It is shocking to note that India is the most depressed country in the world”. According to the World Health Organisation (in short 'WHO'), it is stated that over 90 Million Indians, viz., 7.5% of the country's population, are suffering from some form of mental illness. China and USA stand in Nos.2 and 3. In India, every 7th person suffers from some form of mental illness. Mental illness is considered as a leading contributor to disease burden and morbidity worldwide and may even result in suicide if left untreated.

3. All psychological problems are treatable, curable and preventable, provided we identify the illness early and initiate the treatment quickly coupled with appropriate rehabilitation. But unfortunately the prevalence of mental illness has doubled in the past 10 years because of the following facts:

a) Lack of awareness & knowledge about the illness

(b) Inadequate human resources (less number of psychiatrists, psychologists, social workers and nurses)

(c) Inadequate treatment facilities.

(d) Long distance to travel to get the treatment.

(e) High cost of treatment

(f) Stigma

All these above factors contribute to the non-compliance of mental health services even for the middle class families which result in a treatable illness becoming untreatable and curable illness becoming incurable.

4. A Research, “The Burden of Mental Disorders Across the States of India : The Global Burden of Disease Study 1990 – 2017”, published on December 23, 2019, at Pages 148 – 161, of Volume 7, Issue 2, of Lancet Psychiatry concluded as follows:

“In conclusion, mental disorders adversely affect a large proportion of Indians. Given the poor coverage of mental health services, the lack of awareness, and the stigma attached to mental disorders in the country, India needs to invest heavily in mental health services to facilitate prevention where possible and to provide affordable treatment, care, and rehabilitation, as well as to attempt integration of mental and physical health services. The state-specific data trends in this report can be useful for mental health policies and programme planning at the individual state level and for India as a whole.”

5. WHO predicts that by the end of this year (2020), approximately 20% of the Indians will suffer from mental illness. 56 Millions of Indians are suffering from depression and another 38 Millions of Indians are suffering from anxiety disorders. It also estimates that the economic loss in India due to mental health condition during 2012-2013 is 1.03 Trillions of 2010 Dollars.

6. A Survey “National Mental Health Survey of India, 2015-2016”, conducted by National Institute of Mental Health and Neuro Sciences (NIMHANS), Bengalu