NHRC asks Maharashtra State Authorities to reply on rehabilitation of people with mental health issues
NEW DELHI: The National Human Rights Commission (NHRC) has asked the Maharashtra State Authorities to submit reports on 93 cured persons who had mental health issues.
They are yet to be rehabilitated by normal rehabilitation or special rehabilitation by the Regional Mental Hospital, Thane, Maharashtra.
The NHRC issued the reminder to the Chief Secretary, the Government of Maharashtra, the Principal Secretary(Health), the Principal Secretary(Home), the Director General of Police of the State of Maharashtra, authorities in charge of RMHT and the Department of Financial Services, Ministry of Finance, Government of India for submission of Action Taken Reports within eight weeks.
Considering the petition filed by civil rights advocate, Supreme Court lawyer and noted human rights activist, Radhakanta Tripathy, the NHRC, after detailed investigation and discreet enquiry, passed the order.
Tripathy, in his complaint on June 21, 2022, brought to the notice of the NHRC the plight of people with mental health conditions in Regional Mental Hospital, Thane, Maharashtra (RMHT) on account of denial of mental care facilities and alleged that, out of 925 patients at RMHT, 240 have recovered. Still, they are not being accepted by their families. Two hundred thirty-nine other hospital patients have been living there for the last two years, being abandoned by their families.
The petitioner, Tripathy mentioned that a mental health issue in India receives scant attention and the system never cares for their sufferings. Tripathy who has filed several cases relating to mental health issues has cited various cases and relevant laws as well for immediate intervention of the NHRC in the case.
Pursuant to the directions of the Commission, the Special Rapporteur has submitted his report with various suggestions.
After considering the report of the Special Rapporteur and the reply of the State of Maharashtra, the Commission, inter-alia, passed the following directions: “The Commission’s paramount consideration is welfare and restitution of persons who have recovered from mental illness."
Since the situation is grim and fundamental rights under Article 21 of the Constitution are being violated blatantly with inadequate steps being taken to carry out the statutory mandate, said Tripathy. Adequate steps should be taken by the local authorities where families of such patients reside to ensure that they are rehabilitated with their families, Tripathy added.
Counseling should also be done of members of the family to ensure smooth return and rehabilitation of the patient. In case of failure in reunion, legal aid be provided and the concerned Magistrate be approached for requisite order to carry out the provisions of the Act as contemplated under Section 102 of the Act of 2017, he said.
"State authorities should indicate how much time they will take in establishing halfway homes to ensure dignified living and rehabilitation of the cured patients if a meeting of the Mental Health Review Board has not been held," the plea said.
The Joint Director has pointed out certain important aspects which are required to be looked into by the concerned authorities and suggestions have been made regarding quality improvement, community-based mental health programmes, non-specialist mental health programmes, mobile technology-based mental health programmes and telemental health programmes. Steps be taken in this regard and a road map be submitted to the NHRC, Tripathy said.