Chaining inmates atrocious, says SC
Chaining a person is not only inhuman but also violates the rights of such persons under Article 21 of the Constitution JUSTICE AK SIKRI, Supreme Court
NEWDELHI:THE Supreme Court on Thursday took note of the chaining of inmates at a mental asylum in Uttar Pradesh’s Budaun district and called such human rights violation “atrocious”.
Lawyer Gaurav Kumar Bansal brought the “inhuman” conditions at the asylum to the notice of a justice A K Sikri-led bench. He showed the bench photographs of the patients chained at the asylum. He told HT that he directly took the matter to the SC in December after coming across the ill-treatment of the inmates.
In Badaun, district magistrate Dinesh Kumar Singh said they will look into the issue and ensure compliance of court’s order. Bansal, who has filed a PIL seeking the court’s intervention in the matter, said the chaining was a violation of the Mental Health Care Act, 2017.
The judges said lives, personal liberty and dignity of such patients cannot be compromised. “These are mentally challenged persons. You [petitioner] have placed the photos and they all are chained. It is atrocious,” the bench observed. “Something has to be done immediately for these poor people.”
The court asked the Centre to issue appropriate interim orders. Solicitor general Tushar Mehta admitted the conditions at the asylum were “inhuman”.
“In a case where a patient may be violent, even that doesn’t mean that he will be chained. It can’t be allowed,” the bench said. It issued notices to Centre and all states in response to the plea that has raised a larger issue of nonimplementation of the provisions of the Mental Healthcare Act.
“This [chaining a person] is not only inhuman but also violates the rights of such persons under Article 21 of the Constitution as a person suffering from a mental disability is still a human being and his dignity can’t be compromised,” said justice Sikri.
Referring to National Mental Health Survey 2016, Bansal said around 14% Indians require active mental health interventions. Next hearing is on Monday.