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PIL BEFORE THE COURT

  • Gaurav Bansal filed PIL before the Court saying that around 10,000 people are languishing in mental homes because of social stigma.
  • He also stated that the Maharashtra Government is transferring people from mental homes to beggar homes.
  • These acts of the Government have also led to several deaths.

SUBMISSION OF THE CENTRAL GOVERNMENT

  • Additional Solicitor General Madhavi Divan submitted to the Court that the states were providing incorrect data regarding the conditions of mental health patients.
  • She also said that the Ministry is coming up with a plan to rehabilitate the people staying in mental asylums and hospitals and who are already cured.
  • ASG Divan also informed the Court that the Centre has pointed out the issue to the Maharashtra Government and asked them to stop this practice.

OBSERVATION

  • The Bench consisting of Justice D Y Chandrachud and Justice M R Shah took serious note of the Maharashtra Government’s actions and asked them to discontinue the process as it is against the Mental Health Act.
  • The Bench agreed with the petitioner that COVID testing, tracing, and vaccinating people suffering from mental illness should be of utmost priority.
  • The Bench took up the case for continuous monitoring as it was of sensitive matter.

ORDER

  • The Apex Court ordered the Central Government to take steps to ensure that people lodged in mental health institutions should be vaccinated at the earliest.
  • The Court directed all the States and Union Territories to attend the meeting of the Ministry of Social Justice and Empowerment to be held on 12 July.
  • It also directed the States and Union Territories to remove discrepancies about people who have been cured and are still languishing in mental homes.

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