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2018 Supreme(UK) 239

RAJIV SHARMA, SHARAD KUMAR SHARMA
Vijay Verma – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ajay Veer Pundir
For the Respondent: Mr. Sanjay Bhatt
For the State : Mrs. Prabha Naithani

JUDGMENT :

Rajiv Sharma, J.

1. The present petition has raised a question of grave public importance. Petitioner has highlighted the plight of mentally disturbed ill children. These children, at times, do not even get proper food, care and medicines. These children are forced to live in miserable conditions. They are deprived of their fundamental and statutory rights. The government agencies have failed to protect these children. The mentally disturbed children, more particularly females, are sexually exploited. These children, due to their disability, are not in a position to complain about the torture or sexual offences committed against them. Petitioner has made representations before the respondent-State, vide Annexure No.2, for taking remedial measures to improve the conditions of children living with disability.

2. The State Government has not made any Policy to ameliorate the conditions of children suffering from mental illness. In view of this, this Court, by order dated 25.1.2018, issued the following directions to the respondents:-

“It is directed that the respondents shall collect the complete data of the mentally retarded persons in the State of Uttarakhand and will also su










































































































































































































































































































































































































































































































































































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