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Court pulls up government for lax attitude

The court said that the state of affairs regarding establishment and operationalisation of mental health institutions is really worrying.

New Delhi: A court pulled up the government for its lax attitude towards stay homes for mentally-ill patients.

The court said that the Centre and state government are not taking serious initiatives on the issue. It argued that when the situation is “so warranting and perilous,” why have the Delhi and the Central governments not taken steps to expedite the construction and functioning of “half-way” homes, long-stay homes, and day-care centres in a time-bound manner as directed by the Delhi high court.

Metropolitan magistrate Abhilash Malhotra’s remarks came while hearing an application by the short-stay home, Nirmal Chhaya, seeking transfer of a mentally-ill woman to some other home meant for such patients.

Half-way homes serve as a makeshift place for people who have undergone treatment for mental illness before they venture into the real world.

The high court had, in 2009, passed directions for making half-way homes after a public interest litigation was filed on the issue.

The court said that the state of affairs regarding establishment and operationalisation of mental health institutions is really worrying and due to non-operationalisation of the stay homes, the mental health patients are constrained to live in places where there are no special facilities to cater to their needs.

“Even NGOs are also unwilling to accommodate these patients. If the situation is so alarming in the capital, the issue needs to be explored and investigated for the rest of the country also,” the court said.

To cater to the mental health needs, as well as to safeguard human rights of the patients, it said that it is necessary to take assistance of the State Authority for Mental Health Services constituted under Section 4 of Mental Health Act, 1987, as well as the National Human Rights Commission. It also issued notice to both the authorities for December 26 as the next date of hearing.

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