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 submit details as to how many mentally retarded persons are living their life on the streets. The respondents will also submit a report stating as to how many mentally retarded persons are getting treatment in the Mental Hospital, Selaqui, Vikasnagar and as to how many Doctors are present there. A report will also be submitted stating therein as to how many mentally retarded persons have been cured in the last two years and what action has been taken for their rehabilitation.

It is further directed that the data will also be supplied regarding those mentally retarded persons, who are not getting treatment and have been kept by their family members in chains. A complete survey be done and after completion of the survey, the report be submitted positively within a period of six weeks.

It is further directed that in the meantime, those mentally retarded persons, who are found on the streets may immediately be sent to Medical Hospital for their treatment.”

3. Though, initially, the present petition was filed for framing a Policy to register all mentally disturbed children and to take remedial measures, if deemed necessary, by legislation, however, the scope of the petition was enlarged as per order dated 25.1.2018, quoted hereinabove.

4. Thereafter, the counter affidavit was filed by the respondent no.5-Director General, Health. According to the averments contained in the reply, the State has established the District Early Intervention Centers (DEICs) at Almora, Roorkee, Haldwani and Dehradun with the aim and object to early detect and intervene so as to minimize the disabilities among growing children. The fully functional facilities like Special New Born Care Units (SNCUs) and New Born Stabilization Units (NBSUs) have already been established in the State which targets vulnerable newborns for continued special care at home and stabilization of sick new born so that the prevalence of mentally retarded children could be reduced. The State Mental Health Institute at Selaqui has also been set up to provide medication and to ensure the psychological well being of mentally retarded person including children.

5. The State Government has not framed any Policy to register all mentally disturbed children within six months from their birth, however, the respondent nos.3 and 5 are working to frame such a policy in the near future.

6. The District Early Intervention Centers are equipped with well qualified Teams consisting of Pediatrician, Medical Officer, Dentist, Physiotherapist, Psychologist, Counsellors, Managers, Technicians etc.

7. It is further averred that no mentally disturbed/ill person was ever chained or will be chained in future. The mental health department of Dr. Sushila Tiwari Govt. Hospital, Haldwani is also conducting diagnosis and treating the mentally re