Chaining mentally ill patients is atrocious and against human dignity: Supreme Court

NEW DELHI: The Supreme Court on Thursday expressed concern over the practice followed in some mental asylum to keep the patients chained and said that it must stop as it is against the human dignity.

A bench of Justices A K Sikri and S Abdul Nazeer said that people suffering from mental illness are also human being and keeping them handcuffed or chained is violation of their human rights. It said that patients could be kept in isolation in case they are violent and the remedy is not in keeping them chained.

The court took cognisance of a mental asylum in Badayun district in Uttar Pradesh where patients are kept shackled and agreed to hear a PIL filed by lawyer Gaurav Bansal on the issue. The court said the issue is of serious concern and the patients need to unchained forthwith. It issued notice to Centre and UP government seeking their response.

Solicitor General Tushar Mehta assured the court that he will look into the issue and take instruction and brief the court on Monday.

“How can it be done? The issue is of serious concern. People suffering from mental illness are also human being and their dignity cannot be compromised. It is atrocious and something has to be done immediately,” the bench said.

The petitioner alleged that keeping person with mental illness in chain amounts to cruelty and inhuman treatment received by the poor. He said that it is against the provision of Mental Healthcare Act 2017 which says that every person with mental illness shall be treated as equal to persons with physical illness in all healthcare.

“It is submitted that chaining and confining of people with mental illness with trees and iron rods is nothing but gross violation of their fundamental rights as enshrined under Article 21 of Constitution. The said conduct is also blatant violation of Section 21 of Mental Healthcare Act which says that every person with mental illness shall not only have a right to live with dignity but shall be protected from cruel, inhuman or degrading treatment,” the petition said.

He also referred to World Health organization report as per which India has among the highest prevalence of mental illness globally. As per National Mental Health Survey - 2016 around 14% of India's population requires active mental health interventions and around 2% of Indians suffered from severe mental disorders.

Bansal said that states and UTs were not implementing 2017 Act under which they are to set up State Mental Health Authority as well as Mental Health Review Board

“Implementation of other Sections like Section 62 of Act which deals with creation of State Mental Health Fund, Section 121 which deals with framing of Rules by state governments and Section 123 which deals with framing of regulations by State Mental health Authorities are also very much essential for the proper and effective implementation of Act,” he said.