A single-judge bench of the Calcutta High Court Bench comprising of Justice Shampa Sarkar was hearing a matter concerning Mental Health and Mental Health Care and allied matters concerning convicts/ undertrials detained in various correctional homes in West Bengal and the Union Territory of Andaman and Nicobar Islands in terms of Supreme Court directions. The Bench in pursuance of this Writ Petition (before it) sought details of non-criminal mentally ill persons and convicts in the correctional homes.
Background of the case
The present matter was listed as a Writ Petition in pursuance of the decision of the Chief Justice last month in the case of Sheela Barse v. Union of India & Ors., (1995) 5 SCC 654.
Submissions of the Parties
In the hearing that took place on 16th April, the learned senior advocate, Mr. Ganguly, appeared before the Court on behalf of the High Court Legal Services Committee and submitted that the decision in the matter of Sheila Barse vs. Union of India reported in 1993 (4) SCC 204 was primarily with regard to the non-criminal mentally ill persons who may have been housed in the correctional homes in the State of West Bengal.
Moreover, it was also stated that under such circumstances (having taken into consideration the earlier judgment passed by the Hon’ble Apex Court) some other additional issues are also required to be addressed, namely plight of non-criminal mentally ill persons who may have been housed in the correctional homes in the State of West Bengal and the general conditions in the hospitals imparting institutionalized treatment.
Proceedings of the Court and Judgement
The Court Directed the Superintendents of the respective correctional homes to file reports indicating the number of non-criminal mentally ill persons and mentally ill convicts and undertrials who are at present in the respective correctional homes.
The Court ordered the High Court Legal Services Committee to seek cooperation and assistance from the State Legal Services Authority West Bengal and file a report before the Court containing a list of Government and privately run hospitals providing institutionalized treatment to mentally ill persons in West Bengal and similar report with regard to the Andaman & Nicobar Island is also to be filed.
Lastly, the Court listed the present matter to appear on 11th June 2021 at 12.30 PM for further consideration.
Case Details
Case Title: In Re: Mental Health and Mental Health Care and allied matters concerning convicts/undertrials detained in various correctional homes in West Bengal and the Union Territory of Andaman and The Nicobar Islands in terms of Supreme Court directions
Bench: Shampa Sarkar, J.
Read Order@LatestLaws.com
Share this Document :Picture Source :
