Calcutta HC Seeks Details Of Non-Criminal Mentally Ill Persons/Mentally Ill Convicts/Under Trials Present In Correctional Homes

The Bench of Justice Shampa Sarkar was hearing 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.

About the case

It may be noted that the matter was registered as a writ petition pursuant to an administrative decision of the Hon'ble the Chief Justice dated March 24, 2021.

The case has been registered on the basis of administrative directions issued by Chief Justice Thottathil B. Radhakrishnan, in terms of the Supreme Court's directions in Sheela Barse v. Union of India & Ors., (1995) 5 SCC 654.

In this case, the Supreme Court was dealing with a letter petition highlighting the deplorable manner in which mentally ill women and children were kept in Presidency Jail at Calcutta.

Recently, Chief Justice Radhakrishnan observed that no such matter was pending before the Calcutta High Court.

In view thereof, Justice Shampa Sarkar has been nominated to deal with the instant suo moto case.

The issues that will be primarily addressed in the case are as follows:

• To judicially supervise, monitor, and oversee the mentally ill convicts/undertrials at appropriate intervals who are locked up in various correctional homes in the State of West Bengal as also in the Union Territory of Andaman and Nicobar Islands.
• To pass suitable, appropriate, and necessary directions as may be necessitated in order to improve the wellness/wellbeing/conditions of such mentally ill convicts/undertrials.

Court's proceedings on 16^th April

The senior advocate appearing on behalf of the High Court Legal Services Committee/petitioner, submitted before the Court that the decision in the matter of Sheila Barse vs. Union of India reported in 1993 (4) SCC 204 dealt with the non-criminal mentally ill persons who may have been housed in the correctional homes in the State of West Bengal.

The Court directed the Additional Solicitor General to apprise the Court as to whether the Central Government had come up with any specific schemes or guidelines on the issues involved.

Further, the Court also directed: -

• The Superintendents of the respective correctional homes to file reports indicating the number of non-criminals mentally ill persons and mentally ill convicts and undertrials who are at present in the respective correctional homes.
• The High Court Legal Services Committee shall seek co-operation and assistance from the State Legal Services Authority West Bengal and file a report before this Court containing a list of Government and privately-run hospitals providing institutionalized treatment to mentally ill persons in West Bengal.
• A similar report with regard to the Andaman & Nicobar Island is also to be filed.

The matter has been directed to appear on 11^th June, 2021 for further consideration.

In related news, The Calcutta High Court on Wednesday (17^th March) had ordered the release of a Nepali man who was arrested about 41 years ago and since then he had been under detention.

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

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