Directions for Rehabilitation of Cured Mental Patients

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The bench comprising of Justice DY Chandrachud and Justice Hemant Gupta has issued directives for rehabilitation of those who are cured of mental illness but still fading in asylums due to unwillingness of their families to take them back.

The Supreme Court has issued directives that the State Governments and the Union Territories must either expand their existing Homes or construct new Homes at their own cost. Alternatively, it suggested that the State Governments and the Union Territories can engage NGOs within their jurisdiction to set up rehabilitation Homes or expand existing Homes. It then issued the following directives:

  • All the State Governments and the Union Territories shall submit full data within a period of one month on the status of compliance and on the facilities for rehabilitation of de-institutionalized persons who have been treated for mental illnesses.
  • The data shall specifically incorporate a road map by each State Government and the Union Territory for setting up 'Halfway Homes.
  • On the basis of the data which is furnished by the State Governments and the Union Territories, the Union of India shall submit a further report to this Court in regard to the steps necessary to be taken by each State and Union Territory for due compliance with the earlier directions issued by this Court and with the present directions;
  • The Union of India should suggest a road map with regard to each State Government and Union Territory.
  • Any default on the part of the State Governments and the Union Territories to cooperate with the Union of India shall invite serious consequences leading to invocation of the contempt jurisdiction