Constitution;
Quality norms and standards in mental health are nonnegotiable; Treatment, teaching, training and research must be integrated
to produce the desired results; Obligation of the State in providing undiluted
care and attention to mentally ill persons is fundamental to the recognition
of their human right and is irreversible.
The apex Court in Rakesh Chandra Narayan vs. State of Bihar case requested
the National Human Rights Commission (NHRC) to be involved in the supervision
of mental health hospitals at Agra, Ranchi and Gwalior w.e.f. 11.11.1997. It
stated as under :
“Having dealt with this matter for some time, we have formed the opinion that a
better method for supervision of the functioning of Agra Protective Home is
necessary. Now that the benefit of the National Human Rights Commission
(NHRC) with statutory powers under the Protection of Human Rights Act, 1993
is available and since most of the problems associated with the functioning of
Agra Protective Home are such that they can be better dealt with by NHRC we
consider it expedient to make this order to involve the NHRC in the exercise.It
is likely that the pendency of this matter and the directions made by this court
may have to some extent inhibited the NHRC in exercise of its ordinary functions
relating to Agra Protective Home so far. The order we make herein will also have
the effect of removing any such impression or inhibition”’
‘We have today made an order in WP (Criminal) No. 1900/81 (Dr. Upendra Baxi
Vs. State of U.P. and Others) requesting the “ we now request the NHRC to be
involved in the supervision of the functioning of Agra Protective Home to ensure
that it functions in the manner as is expected for achieving the object for which
it has been set up”
The Hon’ble court further observed “ This matter pertains to the functioning of the
Agra, Gwalior and Ranchi mental Asylums. We have today November 11th 1997
in Dr. Upendra Baxi vs State of Uttar Pradesh & others requested the NHRC to
be involved in the supervision of the functioning of Agra Protective Home in the
manner indicated in the order. We are of the opinion that the same kind of order
needs to be made in this matter also relating to Agra, Ranchi and Gwalior
asylums. Accordingly, we request the NHRC to perform this exercise in the same
manner”
The Hon’ble court vide order dated 12.5.2000 disposed of the Writ Petition
(Dr. Upendra Baxi, observing “Now that the National Human Rights
Commission is seized of the matter it will not be appropriate for this court
to proceed any further in this writ petition. The petition is accordingly
consigned to the records if and when the Commission requires any help or
assistance from the court it is at liberty to make an appropriate application.
The writ petitions are disposed of”.
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National Human Rights Commission