Supreme Court Directs Defaulting States/UTs To Upload Information About Mental Health Facilities In Centre's Online Portal

The Supreme Court, while hearing a petition seeking rehabilitation of thousands of mentally ill patients who are languishing in hospitals or mental asylums, directed five States/Union Territories to upload information concerning mental health facilities in the online dashboard created by the Ministry of Social Justice and Empowerment. The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta. 

The Union Government had earlier informed the Supreme Court that it was working on creating an online dashboard where State Governments could feed in the information with respect to mental health facilities available and the capacities for half-way homes. Today, Additional Solicitor General, Ms. Madhavi Divan informed the bench that the said online dashboard was now up and running. As per the ASG, the respective States can now upload all the requisite information. Among other things, it would be incumbent upon every State to disclose the following about their mental health institutions– a) what their current capacity is; b) what the level of occupancy is and c) what the other facilities are. The dashboard is also to contain holistic information on mental health facilities including information on medical assistance and counselling facilities.

ASG Divan stated that five States/UTs were yet to fill the data. These states/UTs include–

1. Jharkhand

2. Lakshadweep

3. Dadra and Nagar Haveli

4. Puducherry 

5. Uttarakhand 

She stated that once these States/UTs fill up the data, a live demonstration could be provided to use the facilities provided by the online dashboard. Accordingly, CJI DY Chandrachud, while dictating the order said–

"The dashboard has been set up and 31 states/UTs have filled the data in the dashboards. However, Jharkhand, Lakshadweep Puducherry, Dadra Nagar Haveli, and Uttarakhand are yet to supply information. We direct these states/UTs to ensure that information is uploaded within 2 weeks."

The matter is now listed after 3 weeks. 

Background

Previously, while hearing the petition, the Apex Court took into consideration the suggestion put forward by Ms. Divan, and directed all States and Union Territories to set up within 4 weeks an online dashboard containing information pertaining to the availability of mental healthcare institutions, facilities provided by such institutions, occupancy rates and region wise distribution of halfway homes in the States. The Ministry of Social Justice and Empowerment was directed to provide to the concerned States a format of such an online dashboard. The Court further directed that half-way homes must be established by all States as expeditiously as possible within a period of 6 months. The Ministry of Social Justice and Empowerment was also directed to conduct meetings at least once a month with all States and Union Territories to track the progress of establishment of halfway homes and rehabilitation of mentally ill patients.

Case Title: Gaurav Kumar Bansal v. Mr. Dinesh Kumar And Ors. Contempt Petition (c) No.1653/2018 in WP(C) No.412/2016

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