Mental Health Act, 1947/Central and State Mental Health Authority Rules, 1990:

Care and custody of mentally ill persons in West Bengal-Whether they can be jailed as non-criminal Lunatic-Who should assess the mental state of such persons-Steps to be taken for their treatment and rehabilitation.

The Petitioner, a social activist, forwarded a copy of her write up: Jailing the mentally ill to this Court narrating that many children and adults are committed to jail in Calcutta as lunatics, which deprives them of their liberty on the pretest of treatment. When these persons were produced before the Judicial or the Executive Magistrate of West Bengal an instant assessment of their mental health is made and they are committed to jail, whereafter they are never produced and lose all the contacts with the outside world, while there are no health facilities in jail.

The State of West Bengal averred that in case of Non- Criminal Lunatics, the jails act upon and honour the orders of Court. Giving purportedly a picture of satisfactory conditions, the State narrated the facilities accorded to mentally ill inmates. The Union of India made submissions that the Mental Health, Act, 1987 and the Central and State Mental Health, Authority Rules 1990 were notified on May 22, 1987 and December 29, 1990 respectively. The establishment of Central Mental Health Authority was pleaded, as also that the Central Government has requested the State Governments and the Administration of the Union Territories for establishment of State Mental Health Authorities and confirm appointment of requisite number of expert personnel, so that the Central Government should notify the date on which the said Act will come into force in a particular State/Union Territory.

This Court appointed a Commission of Inquiry which submitted a four-part report emphasising upon: Treatment deprivatory consequences of commitment to jail and declared the excessive deprivation of liberty while it suggested the composition of managing bodies to transform the old custodial institutions to active treatment centres supportive of care in the community. It emphasised the establishment of state level rehabilitation centres and the association of voluntary agencies.

Disposing of the petition.