Ensure Sufficient Number Of Short, Long Stay Homes For Mentally Ill Inmates: High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to ensure that a sufficient number of short and long stay homes are available for mentally ill inmates who do not require regular hospitalization and have no homes to go back to live in a safe environment. Observing that it is the bounden duty of the State to take care of the life of all its citizen, a division bench of Justice Mukta Gupta and Justice Poonam A. Bamba said:“It is hoped and expected that in terms of the directions of this Court in Charanjit Singh (supra) the State will ensure sufficient number of Short Stay Homes and Long Stay Homes for people with mental illness who do not require regular hospitalization and who have no homes to go back to live in a safe, congenial and pleasant environment.”In 2005, a coordinate bench in Charanjit Singh & Ors. v. State & Ors had directed the State to create Short or Long Stay homes for prisoners suffering from mental illness who do not need hospitalization. The bench was dealing with an appeal moved by a murder convict Madhu Bala, who was diagnosed with Schizophrenia during the course of trial and is undergoing treatment as an outdoor patient at Institute of Human Behaviour and Allied Sciences (IHBAS). Arrested in September 2005, Bala's treatment at IHBAS started in May 2009. The trial court convicted her for offences punishable under Sections 302 and 326 of IPC on August 21, 2010 which was challenged before the court. Bala also challenged the life imprisonment sentence awarded to her. Bala, who remained in and out of IHBAS even after her conviction, was finally shifted to Saksham, a Half Way stay home at IHBAS campus, on March 03, 2017. Since then, she has been lodged at the Half Way home.The court took note of the medical report of IHBAS which said that as per her recent evaluation on February 20, her Paranoid Schizophrenia is in remission and thus, she is fit to defend herself. Accordingly, the court proceeded to hear Bala’s appeal on merits after granting an opportunity to her lawyer to visit her at the Half way home at IHBAS.Observing that Bala was in judicial custody even while being admitted at the Short Stay Home and that the period of her stay will be counted towards the custody period, the court modified her conviction from Section 302 to Section 304(1) of IPC, regarding the death of the deceased. However, the court maintained her conviction for offence punishable under Section 326 of IPC qua the injuries to a woman, including the 10 years sentence awarded to her for the offence. The court observed that she has already undergone the said period in jail. “Further, sentence for offence punishable under Section 304 Part 1 IPC is modified to sentence of imprisonment for a period of 12 years. From the nominal roll of the appellant, the appellant has undergone 18 years. Hence, it is held that the appellant has already undergone the sentence awarded to her for offence punishable under Section 304(1) IPC,” the court said. The bench also noted that after her stay at the Short Stay Home at IHBAS, there has been an incremental improvement in Bala’s mental health due to which her counsel was also able to interact with her.“Since the appellant is not in a position to take care of herself even though the schizophrenia is in remission at the moment nor does any of her family members inclined to look after her, it is the duty of the State to take adequate care of Madhu Bala and such other patients, for which purpose the Short/ Long Stay Homes have been set up,” the court said. It directed that Bala will continue to stay in the Long Stay Home at IHBAS and that the expenses of all necessary treatment including her stay will be borne by the State.“Copy of this judgment be also sent to Principal Secretary (Home) GNCTD, Principal Secretary (Health) GNCTD, Director General (Prisons) and Medical Superintendent, IHBAS for necessary compliance,” the court said. Title: MADHU BALA v. STATECitation: 2023 LiveLaw (Del) 532Click Here To Read Order

Ensure Sufficient Number Of Short, Long Stay Homes For Mentally Ill Inmates: High Court To Delhi Govt

Nupur Thapliyal

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