In Re: W.P. 21538(W) of 2011 with W.P. 15158(W) of 2013

These writ petitions have been filed by the petitioners by way of public interest.

In the writ petition being W.P. 21538(W) of 2011, prayer has been made by the petitioners directing the respondents for improvement and/or advancement of the infrastructure of the mental hospitals in the State so as to ensure that the in-patients of the mental hospitals as well as the out-patients, in accordance with the State Mental Health Rules, 1990 (hereinafter referred to as "said Rules") and as per the recommendations of the Central Mental Health Authority and the National Human Rights Commission. Prayer has also been made to direct the respondents to take immediate steps for setting up emergency facilities in all the mental hospitals so as to ensure that the mentally ill persons receive urgent and proper medical treatment during emergencies. Prayer has also been made to remove grille or fencing in the mental hospitals so as to ensure that the inmates therein are not forced to stay in a prison like environment. Prayer has also been made to provide trained staffs, nurses, doctors and Psychiatrists, as there are acute shortage of staffs in the mental hospitals and to maintain hygiene of female inmates in mental hospitals. Adequate steps be directed to be taken to ensure the availability of the medicines, drugs, electricity and medical aid.

In the writ petition being W.P. 15158(W) of 2013, the prayers of the petitioners are more or less the same as in the aforesaid writ petition. The factual difference is that the pregnant lady was not given any assistance and medical aid before and during the delivery of the child in violation of Human Rights and Chapter VIII of the Mental Health Act, 1987.

An affidavit-in-opposition has been filed in W.P. 21538(W) of 2011 by the respondents wherein it is stated that best possible treatment be given to the patients in the hospitals. Shortcomings have been denied. It is further stated in the opposition that the State is in the contemplation of bringing all mental health hospitals on State for tagging with other general hospitals, so that, non-psychiatric ailments of the psychiatric patients could be treated simultaneously in the these hospitals. A notification dated 10th February, 2012 issued by the Department of Health and Family Welfare has envisaged to appoint Board of Visitors for five State run mental hospital for the purpose of inspection, discharges, leave of absence and removal of mentally ill patients. For Lumbini Park Mental Hospital, six members Board have been constituted. Due compliance of the provision u/s 17 of the Mental Health Act, 1987 is being made.

In W.P. 15158(W) of 2013, an affidavit-in-opposition has been filed by the respondents contending that due care of the patient Minati Barman was taken. She gave birth of a male child on 6th May, 2013 and the baby and mother was referred to the National Medical College and Hospital for admission for better treatment. Minati Barman did not express anything regarding her labor pain to the nursing staff as well as to other co-patients of her at that night and she could not be looked after. They are providing due attention to the patients and providing medical assistance for preserving the life and health. Other steps have been made to provide emergency treatment where financial assistance is primary one and they are trying to abide by the recommendation made by the Hon''ble Supreme Court and the recommendation of the National Human Rights Commission as far as possible.

Learned counsel appearing on behalf of the petitioners has raised the submission that it is absolutely necessary to direct the respondents to provide emergency services in the hospitals. It is also submitted that adequate staffs etc. is required to be provided to look after the inmates of such mental hospitals.

Learned counsel for the Union of India has stated that requisite directions have been issued from time to time by the Hon''ble Supreme Court as well as by the Human Rights Commission, which are required to be observed by the State Government in the mental hospitals.

Learned counsel for the State submits that the implementation of Rule 20(C), 20(E), 20(F) and 22(3)(a) of the said Rule has been ordered by the State Government vide order dated 11th April, 2014. It has also been mentioned in the aforesaid order that in case of Rule 20(F), one Psychiatrist will be selected by the Superintendent who will help the Superintendent in day to day hospital administration to provide better and scientific health care of psychiatric patient except Institute of Psychiatry, Kolkata. It has also been mentioned in the order that in case of Rule 22(3)(a), necessary medicine and equipment have to be arranged from D.R.S./C.M.S. and separate room has to be maintained for such purpose, which will be designated as "Emergency Care Service" for psychiatric patients who are attending mental hospitals and need emergency care.

However, whether the order has been carried out in the various hospitals owned by the State Government is not clear.

We are of the opinion that with respect to the emergency services and compliance of Rule 20(C), 20(E), 20(F) and 22(3)(a) of the said Rule, the order has been issued by the Government of West Bengal, Directorate of Health Services (State Mental Health Cell) on 11th April, 2014. The same is required to be carried out as provided in the said order. Let Psychiatrist be selected by the Superintendent for day to day hospital administration to provide better and scientific health care of psychiatric patients as per Rule 22(F) of the said Rule.

Let the order be complied with, in case it has not been complied with, within a period of two months from date by all the mental hospitals and compliance report be filed in this Court.

Considering order dated 11th April, 2014, it is also directed that emergency care services as contemplated in Rule 22(3)(a) of the said Rule be set up within a period of two months from date and file a compliance report in this Court in this regard with respect to the mental hospitals within a period of three months from date.

With respect to proper look after of the patients, adequate staffs and providing hygiene facilities, let the State Government make an endeavor to provide adequate staffs as per the norms and also to ensure that hygiene of the mental patients is maintained properly and to file a report with respect to these aspects also within the aforesaid period.

In view of the aforesaid directions, the writ petitions stand allowed.

Let the directions be carried out and compliance report be filed in this Court within a period of three months from date.

We, however, make no order as to costs.