Holding

The Supreme Court held that the factual position disclosed in the uncontradicted affidavits shows that the issues have been substantially redressed, and therefore the proceedings against Asha Kiran Home must be closed, with any further suggestions to be addressed by the Governing Council.

Summary

The petitioners filed a writ petition alleging deplorable conditions at Asha Kiran Home, a Delhi Government-run facility for persons with disabilities, and suggested remedial measures. The Delhi High Court directed a joint meeting, accepted the Government's report of actions taken, and disposed of the petition without scrutinising the petitioners' suggestions. The petitioners appealed to the Supreme Court under Article 136, contending that the High Court erred and that the Government had repeatedly failed to implement its commitments. The Government and the State filed affidavits showing substantial improvements, ISO certification, and new initiatives, which were not contested. The Supreme Court held that, based on the uncontradicted affidavits, the issues raised have been substantially redressed; the petitioners may still make suggestions, but the proceedings concerning Asha Kiran Home should be closed. The Court also outlined the statutory framework under the Persons with Disabilities Act, 1995 and the Mental Health Act, 1987, directing Central and State Coordination Committees to take remedial action within six months and submit compliance reports.

Issues considered

The adequacy of the High Court's disposal of the writ petition without examining the petitioners' suggestions.
Whether the conditions at Asha Kiran Home have been sufficiently remedied as per the affidavits filed.
The statutory mechanisms under the Persons with Disabilities Act, 1995 and the Mental Health Act, 1987 for monitoring and improving homes for persons with disabilities.
The scope of the Supreme Court's power to issue directions to State and Union Territory authorities through the Central Coordination Committee.

Legislation cited

Mental Health Act, 1987s. 10, s. 13, s. 3, s. 4, s. 5
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995s. 19, s. 23, s. 2(i), s. 3, s. 8

Subjects

disability rightsmental healthinstitutional carePersons with Disabilities ActMental Health ActCentral Coordination CommitteeState Coordination Committeewrit petitionimplementationAsha Kiran Home

Judgment

[2016) 11 S.C.R. 824

A REENA BANERJEE & ANR.
v.
GOVT. OF NCT OF DELHI & ORS.
(Civil Appeal No. 11938of2016)
B DECEMBER 08, 20 I 6
[T. S. THAKUR, CJI AND A. M. KHANWILKAR, J.]
Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995 - ss.8. 23 - Mental Health
Act, 1987 - Writ petition before High Court highlighting the pitiable
c and pathetic condition of Asha Kiran Home (A Delhi Government
run Home for differently abled men, women and children) - Giving
suggestions to remedy the deficiencies - Management of the Home
agreed to consider the suggestions - High Court directed the parties
to convene a joint meeting and to submit a proposal about the
D reforms required in the Home - Delhi Government accordingly
submitted a report about the action already taken and proposed to
be taken - High Court disposed of the petition opining that the
proposed action in the Report would improve the condition of the
home and expressed hope that the authorities concerned would
implement the proposed action within assured time frame - The Court
E
fi1rther clarified that the Authorities may consider the suggestions
made by the writ petitioner - Appeal before Supreme Court by the
writ petitioner on the grounds inter alia that the Authorities had never
fi1ljilled their commitments made before the Court in previous writ
petitions; and that High Court should have examined the suggestions
F of the writ petitioner - Affidavits filed by Government giving factual
information about the action taken in fi1rtherance of the proposal
submitted before High Court and stating that living conditions of
the inmates of the Home had considerably improved and that medical
care, health structure and exposure to sports had been
strengthened - Holl'ever, the Court observed that the pitiable
G
condition in Asha Kiran Home, may be true in respect of Homes in
other parts of the country - Therefore, issued notice to all the State
Governments and Union Territories to file their response about the
ground reali~v prevailing in their respective States with particular
reference to the State obligations enunciated in the 1995 Act -
H Affidavits were filed by different States/Union Territories giving
824
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 825
ORS.

particulars about the prevailing position in their respective States/ A
Union Territories - Held: Considering the factual position stated
in the latest affidavit filed by Delhi Govern111ent (which had not
been controverted) it follows that issues agitated before the High
Court have been substantially redressed - If there is still any
deficiency or possibility of fi1rther improvisation, it is open to the
B
writ petitioner to give suggestions to the Governing Council -
Therefore, the proceedings in respect of Asha Kiran Ho111e should
co111e to an end - So far as Homes in other States are concerned,
there are ample provisions in the 1995 Act and the 1987 Act and the
Rules framed thereunder, not only for establishment of the Homes,
but also for maintenance and conditions and facilities to be provided c
to the inmates thereof - Authorities for monitoring and supervision
are also in place - The appropriate Government is not only required
to establish such Homes, but also to create an environment to impart
education to the inmates - The affidavits filed by the States/Union
Territories disclosing the conditions prevailing in the Homes, be
D
placed before the Central Co-ordination Committee established
under 1995 Act - Affidavit of the State concerned be placed before
the State Co-ordination Committee of the State concerned - The
Central Committee may develop a national policy or modify the
existing national policy, programmes or schemes - On identifj;ing
issues about non-implementation or non-compliance, the concerned E
State Committee can be directed by the Central Committee which
would be binding on the State Committees - The affidavits filed
before this Court should also be placed before the concerned State
Committees - Six months time is granted to the Central and State
Committees to take remedial measures and to ensure that the
deficiencies in the respective institutions are cured within such time F
- As regards Nursing Homes and hospitals established under 1987
Act, similar procedure can be followed by sending the affidavits to
Central and State Authority of Mental Health Services - The
respective Authorities shall issue necessary directions to the
institution{5) under its jurisdiction and ensure its implementation G
within six months.
Disposing of the appeal, the Court
HELD: 1. Considering the factual position stated in the
latest additional affidavit filed by the respondents, and which bas
not been controverted, it must follow that the issues agitated by H
826 SUPREME COURT REPORTS r2o 161 11 S.C.R.

A the .appellants before the Delhi High Court have been
substantially redressed. In case there is still any subsisting
deficiency or shortcoming or a possibility of further improvisation,
it is always open to the appellants to give their suggestions to
the Governing Council. The appellants are free to do so. There
is no reason why the Governing Council will not consider those
8
suggestions and act upon the same in right earnest, if the same
are reasonable and achievable. [Para 8] [842-A-B)
2.1 A comprehensive mechanism and dispensation is
predicated in The Persons with Disabilities (Equal Opportunities
Protection of Rights and Full Participation) Act, 1995 and the
c Rules framed thereunder. Besides the 1995 Act, even the Mental
Health Act, 1987 postulates a dispensation mandating the
appropriate Government to establish institutions for the care of
mentally challenged persons and maintenance and management
thereof with a view to create an equal opportunity and social
D security to them. For that, an organizational structure has been
provided for the Central Government and Union Territories on
the one hand and the respective State Governments on the other.
The Authorities so created have been fastened with a duty to
ensure that the Homes are maintained properly; and the inmates
as well as outdoor patients are looked after properly and also to
E create equal opportunity and social security in the matter of
education and employment of such persons. [Para 10) [842-F-H;
843-A]
2.2 Besides the dispensation provided in the 1995 Act for
the implementation of the avowed objectives of the said Act, 1987
F Act also provides for a comprehensive dispensation to fulfill the
objectives of that Act. Under the latter Act, the Central Authority
for Mental Health Services is established by the Central
Government and the State Authority for Mental Health Services
is established by the concerned State Government. [Para 13)
G [846-D-E)
2.3 Thus, 1995Act as well as 1987 Act make ample provision
for not only establishment of Homes for the admission, treatment
and care of mentally ill persons but also about the maintenance
and conditions and facilities to be provided to the inmates, to
H ensure that the Homes are properly equipped and are being run
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 827
ORS.

in accordance with the statutory scheme. Authorities for A
monitoring and supervision are also in place (Central Co-
ordination Committee at the top of the pyramid in so far as Homes
established by the Central Government or permitted to be
established by it). Similarly, for the Homes established by the
State Government or permitted to be established by it, the State
B
Co-ordination Committee is at the top of the pyramid of the
organizational structure within the State. The provisions in the
1987 or 1995 Act and Rules framed thereunder, clearly articulate
the manner of providing proper conditions in Hospitals/Homes
established under the concerned enactment and also for its
maintenance. [Para 17] (849-F-H; 850-A] c
2.4 There are ample provisions in the 1995 Act to ensure
proper functioning of the Homes accommodating mentally
challenged persons. This Act, no doubt, deals with the aspirations
of persons inflicted with disability generally. The expression
"disability" is defined in Section 2(i) which includes mental D
retardation and mental illness. The regime for proper
maintenance and upkeep of the Homes established under this
Act for mentally challenged persons, would apply proprio vigore.
The appropriate Government is not only required to establish
such Homes but also to create an environment to impart
education to the inmates. (Para 20] (852-B-C] E

2.5 The concerned States/Union Territories have filed
affidavit disclosing the conditions prevailing in the Homes
established under the 1995 Act within their jurisdiction. All those
affidavits be placed before the Central Co-ordination Committee
established under the 1995 Act. Similarly, the affidavit of the State F
concerned be placed before the State Co-ordination Committee ·
of the concerned State. The said Authorities have ample power
to monitor and evaluate the implementation of the programmes
including to review and co-ordinate with the appropriate
Government on matters relevant for improvisation of the G
conditions of the Home within the State or for introducing welfare
measures for the inmates therein. Section 8 of 1995 Act obligates
the Central Co-ordination Committee to review and co-ordinate
the activities of all the Departments of the Government and other
Governmental and non-Governmental Organizations which are
H
828 SUPREME COURT REPORTS [2016] II S.C.R.

A dealing with matters relating to persons with disabilities. The
Central Co-ordination Committee also discharges an advisory
role including to develop a national policy to address issues faced
by persons with disabilities. It has to advise the Central
Government on the formulation of policies, programmes,
legislation and projects with respect to disability. As the factual
B
position stated in the affidavits filed by the respective State/Union
Territory before this Court will become available to the Central
Co-ordination Committee, it will be in a better position to
formulate a comprehensive national policy on matters relevant
to address the issues. It may develop a national policy or modify
c the existing national policy, programmes or schemes, as may be
required. That in turn can be implemented at the micro level.
The recommendations to be made by the Central Co-ordination
Committee at the micro level must ideally focus on zone wise
necessity of the four regions of the country and in particular State
wise requirements. Further, on identifying issues about non-
D
implementation or non-compliance, the concerned State Co-
ordination Committee can be directed by the Central Co-
ordination Committee in exercise of its power under Section 23
of the 1995 Act. [Para 21] (852-F-H; 853-A-D]
2.6 The directions issued by the Central Co-ordination
E Committee would be binding on the concerned State Co-ordination
Committee. In case, direction given by the State Government to
the concerned State Co-ordination Committee is in any manner
inconsistent with the direction given by the Central Co-ordination
Committee, that matter must be referred to the Central
F Government for its decision, as mandated by the proviso to Clause
(b) of Section 23 of the 1995 Act. This exercise be completed
within a reasonable time but not later than six months. [Para 21]
[853-G-H; 854-A-B]
2. 7 Iii addition, the Secretary of the concerned Department
G of the respective State/Union Territory must place the affidavit
filed in this Court before the State Co-ordination Committee of
the concerned State, who in turn must undertake similar exercise
of evaluation of the conditions of the local Homes and take
remedial measures within a reasonable time but not later than
six months. The direction so issued by the State Co-ordination
H Committee to the local institution/Home established under the
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 829
ORS.

1995 Act must be forwarded contemporaneously to the Central A
Co-ordination Committee for information so that even the Central
Coordination Committee would be abreast of that development,
which can be reckoned by it while issuing direction to the
concerned State Co-ordination Committee. [Para 22] (854-B-C]
2.8 From the legislative scheme of 1995 Act, it is amply 8
clear that the State Co-ordination Committee is primarily
responsible for ensuring compliance of the mandate regarding
the infrastructure and other facilities to be provided in the Homes
established under the 1995 Act and also for overseeing that the
same are properly maintained from time to time and comply with
the policies and programmes designed for achieving equality and c
full participation of persons with disabilities. Besides, the State
Co-ordination Committee in the concerned State is made primarily
responsible for ensuring that institutions which fulfill all the
criteria alone are established and properly maintained as per the
specified norms, the Central Co-ordination Committee is also D
equally responsible to ensure that the policies and programmes
designed for achieving full participation of persons with
disabilities is taken to its logical end by all the duty holders without
any exception. [Paras 23 and 24] [854-D-E, F-G]
2.9 Six months time frame given to the Central Co- E
ordination Committee and the concerned State Co-ordination
Committee is sufficient to enable them to take necessary
remedial measures and ensure that deficiencies in the respective
institutions established under the 1995 Act are cured within such
period. In addition to the issues that have come on record in the
form of affidavit of the concerned State and also other material F
which has come on record in the present proceedings or any
further inputs to be received by the Committee(s) and including
after conducting inspection of the institution(s), the concerned
Committee/Authority must take sufficient measures to remedy
the deficiencies within the time frame of not later than six months. G
[Para 271 [855-D-E]
2.10 The Chairperson of the State Co-ordination Committee
shall submit compliance report not later than eight months from
the elate of the present judgment, in the Registry of this Court
after providing advance copy thereof to the Central Co-ordination
H
830 SUPREME COURT REPORTS f2016l ll S.C.R.

A Committee. The Central Co-ordination Committee shall then
submit State/Union Territory wise report with its comments, if
any, within ten months in the Registry of this Court. [Para 28]
[855-F-G]
2.11 In so far as hospitals and nursing homes established
8 under the 1987 Act are concerned, similar procedure can be
followed. All the affidavits/materials filed in this proceedings be
made available to the Central Authority for Mental Health
Services. The affidavit of the concerned State be additionally
forwarded to the respective State Authority for Mental Health
Services. The Central Authority for Mental Health Services shall
c cause to inspect and evaluate the conditions of the psychiatric
hospital and psychiatric nursing home and other Mental Health
Service Agencies under the control of the Central Government.
Similarly, the concerned State Authority for Mental Health
Services shall cause to inspect and evaluate the conditions of the
D psychiatric hospitals and psychiatric nursing homes and other
Mental Health Service Agencies under the control of the State
Government. The res1>ective Authorities shall issue necessary
directions to the institution(s) under its jurisdiction and ensure
its implementation not later than six months from the date of
present judgment. A compliance report in this behalf be filed by
E the Central Authority for Mental Health Service and the State
Authority for Mental Health Service of the concerned State, as
the case may be, in the Registry of this Court not later than eight
months. [Para 29] [855-G-H; 856-A-C)
2.12 The Secretary of the concerned Department of the
F respective State/Union Territory shall be personally responsible
for monitoring and overseeing the progress and action taken by
the State Authority for Mental Health Service within its State.
Similarly, the Secretary of the Union oflndia of Health and Social
Welfare shall be personally responsible for monitoring and
G overseeing the progress made by the Central Authority for Mental
Health Services and compliance of the directions in re_lation to
the establishments under the control of the Central Government.
[~ara 30] [856-D-E]

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 11938
H of2016.
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 831
ORS.

From the Judgment and Order dated 07.09.2012 of the High Court A
of Delhi at New Delhi in W. P. (C) No. 8229 of 2011.
P. S. Patwalia, Ms. Pinky Anand, Maninder Singh, ASGs.,
Suryanarayana Singh, Sr. AAG, Vivek Tankha (A.C.), Colin Gonsalves,
Sr. Advs., D. Kumanan, Sachin Pujari, Ms. Shodhika Sharma, Ms. Olivia,
Ms. Jyoti Mendiratta, R. Balasubramanian, Amarjeet Singh, Prabhas
B
Bajaj, Santosh Kumar, Akshay Amritanshu, G. S. Makkar, Raj Bahadur,
M. K. Maroria, Ms. Saudamini Sharma, Mohan Prasad Gupta, P. K.
Dey, D. S. Mahra, Shreekant N. Terdal, R. Bala, Guntur Prabhakar,
Ms. Prerna Singh, C. D. Singh, Ms. Shashi Juneja, Aniruddha P. Mayee,
A. Selvin Raja, M. Yogesh Kanna, Ms. Nithya, B. Balaji, Tapesh Kr.
Singh, Mohd. Waquas, Aditya Pratap Singh, Pawan Upadhyay, Sarvjit c
Pratap Singh, Ms. Sharmila Upadhyay, Siddharth Bhatnagar, Sidharth
Mohan, Nirnimesh Dube, Ms. Pragati Neekhra, Ms. Garima Bajaj, Anil
Shrivastav, Rituraj Biswas, Ms. 1-lemantika Wahi, Ms. Jesal Wahi,
Ms. Puja Singh, V. N. Raghupathy, Parikshit P. Angadi, Franklin Caesar
Thomas, Chand Qureshi, M. P. Siddiqui, Ms. Aruna Mathur, Yusuf Khan,
D
Avneesh Arputham, Anuradha Arputham, (for M/s. Arputham Aruna &
Co.), G. Prakash, Jishnu M. L., Ms. Priyanka Prakash, Ms. Beena
Prakash, Manu Srinath, Ramesh Babu M. R., Jayant Bhatt, Vi pin Kumar,
Ms. K. Enatoli Serna, Edward Belho, Amit Kumar Singh, K. Luikang
Michael, Sangram S. Saron, Shree Pal Singh, V. G. Pragasam, Prabu
Ramasubramanian, S. Udaya Kumar Sagar, Ms. Madhavi Divan, E
Ms. Nidhi Khanna, Balasubramaniam, K. V. Jagdishvaran, Ms. G. Indira,
Gopal Singh, Manish Kumar, Ms. Varsha Poddar, Ranjan Mukherjee,
Devendra Singh, P. V. Yogeswaran, Mrs. D. Bharathi Reddy, Vishwa
Pal Singh, M/s. Corporate Law Group, Ms. Rajani Ohri Lal, Advs. for
the appearing parties.
F
The Judgment of the Court was delivered by
A. M. KHANWILKAR, J. I. Leave granted.
2. This appeal arises from the judgment of the High Court of
Delhi at New Delhi in W.P.(c) No.8229/2011 dated 7'h September 2012.
3. The appellants filed an intervention application in the High Court,
in a disposed of suo moto Writ Petition (Civil) No. 5621/2012. The G
reliefs claimed in the application read thus:
"a. For an order calling for the records of the deaths that
have taken place in such homes and also for information
pertaining to the intake of juveniles and those released
since 2004-08. H
832 SUPREME COURT REPORTS [2016] II S.C.R.

A b. For an order directing the authorities to conduct an
impartial inquiry by constituting an independent
committee as per the provisions of the Acts regarding
the deaths that have taken place in observation homes
and submitting findings to this Hon'ble Comt.
B c. For an order directing strong action against the duty
bearers, the concerned minister and the agencies
working in the area of child rights who have failed to
discharge their duties towards the children and
prosecute the officials who are responsible for the deaths
in various children homes.
c d. For an order issuing directions to the authorities to ensure
all necessary infrastructure and legal entitlements are
provided in the homes under the Juvenile Justice
regarding thl' rc·quirements for appropriate staffing,
food, medical c;ir.; and hygiene.
D e. For an order directing the Respondents to ward
compensation to the parents/guardians of those juveniles
who have died in various Children Homes due to lapse
or negligence of Home Authorities.
f. For an order constituting permanent committee consisting
E of representatives of persons working on child rights
and institutional care to supervise and monitor the
functioning of the child-care institutions withinjuvenile
justice administration system and to make periodic
reports.
g. For an order requiring the Delhi Commission for
F
Protection of Child Rights to produce all inquiry reports
and findings with respect to Asha Ki ran.
h. For an order directing the C.B.I. to take over the
investigation and prosecution with respect to the
allegations as set out in this petition.
G
i. Pass such other order or orders as this Hon'ble Court
may deem fit in the facts and circumstances of the
case."
4. This intervention application, however, was directed to be
de linked from the disposed of suo moto Writ Petition and to be registered
H as a fresh Writ Petition. Accordingly, the application was registered as
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 833
ORS. (A . .M. KHANWILKAR, J.]

W.P.(Civil) No.8229/2011. The principal issue argued before the High A
Court was about the pitiable and pathetic condition of Asha Kiran Home
(the sole Delhi Government run Home) for differently abled men, women
and children. Asha Kiran Home comprises of six institutions within a
complex of four buildings for mentally retarded children and adults. The
appellants highlighted the issues such as inadequate medical treatment,
B
medical services and access to Doctors, skewed ratio of staff to look
after the inmates, overcrowding, poor distribution and consumption of
dietary, clothing, bedding and other items and also about the abuses of
various kinds to the mentally challenged persons residing in the said
Home, in particular the female residents. The appellants essentially relied
on the media reports to buttress their plea about the pathetic condition c
and the cruel treatment meted out at the hands of staff members in
Asha Kiran. When the matter progressed before the High Court, the
management of Asha Kiran agreed to consider the suggestions given by
the appellants and also to chalk out a holistic action plea to remedy the
deficiencies. They said that they were not treating the proceedings as
D
an adversarial litigation. The High Court, therefore, directed the parties
to convene a joint meeting and submit a proposal about the reforms
required in Asha Kiran, if any. The Government of Delhi, accordingly,
submitted a report about the action already taken and proposed to be
taken thereat. The High Court in the impugned decision adverted to the
contents of the said report, which reads thus: E
"6. Mr. S.D. Salwan, learned Standing Counsel appearing
for the Govt. of NCT of Delhi, has placed on record the
Report on action taken/proposed to be taken, which are as
under:
I) The existing Administrator has been phased out and the F
process of appointment of a new Administrator has been
initiated. The Government is appointing Dr. V.N.
Agarwal, former Medical Superintendent ofDr.Ambedkar
Hospital. He is MBBS, M.8.8.A, M.B.A, Health Care
Administration from FMS, Delhi University and has done G
a post graduate Certificate course in Hospital
Administration. Dr. Agarwal, himself being a medical
doctor and having held administrative position of one of
the largest Government hospitals would be totally
competent to work on improvement of essential services,
plight of inmates, and maintenance of infrastructure and H
834 SUPREME COURT REPORTS [2016] I I S.C.R.

A day to day administrative work of Asha Kiran Home.
The Administrator with a background of a medico shall
be dedicated to reduce vulnerability of inmates;
prevention ofuntimely deaths; and runningofan effective
medical team at the institution and organize val~e added
medical services from the competent governnienJ
B
hospitals. One of the key purpose is to reduce deaths
and increase life span of the existing inmates of Asha
Kiran. '
'
II) The Government has appr<Jved formation of a strong
Governing Council comprising of eminent citizens and
c experts (with core competencies in techniques of holistic
shelter and rehabilitation, gender, Human Rights and
Socio-Economic Empowerment of the most marginalized
sections) for the holistic and integrated development and
improvement of management and monitoring of the Asha
D Kiran institution, as well as prompt and expeditious
implementation of all policies and recommendations of
Government appointed Committee and various other
statutory institutions, such as NHRC, NCPCR, DCPCR
etc. The process of setting up of the said Governing
Council will take at least 2 weeks.
E III) Ms. Sreerupa Mitra Chaudhury, a prominent rehabilitation
social worker; a Member, Central Social Welfare Board;
Chairperson, Committee for Review ofNational Policy
for Empowerment of Women; Chairperson, Institute for
Gender Justice, Ex-National Advisor, National Legal
F Services Authority; Ex-Member, Delhi Legal Services
Authority; Ex-Chief Coordinator, Rape Crisis
Intervention Centre of Delhi Police, Founder ofSudinalay
Shelter Homes for Homeless and Destitute Citizens
Living with Mental Disabilities and HIV I AIDS is being
nominated as the Chairperson of the said Governing
G Council. She is a senior and respected representative of
the civil society who has dedicated her life forthe rescue,
rehabilitation, shelter and welfare of homeless citizens,
particularly, living with acute forms of mental disabilities.
While selecting the Chairperson of the Governing Council,
H adequate care has been taken to choose a person of
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 835
ORS. [A. M. KHANWILKAR, J.]

subject knowledge, integrity, dedication, commitment and A
selfless humanitarian approach whose exposure of work
has ranged from Civil Society to State and Cei1tral
Government in various acclaimed capacity. The person
who has direct, hands-on experience of rescue, shelter
and rehabilitation of abandoned/most marginalised, poorest
B
of the poor sections of citizens living with various forms
of mental disabilities as well as vast experience of
formulation of policy initiatives at the highest level. In
several related matters, the Hon'ble Supreme Court and
High Courts have appointed her as advisor and member
of monitoring committees, technical committees, steering c
committees and empowered committees to monitor
government policies and programs.
JV) The Governing Council will be fully empowered to take
decisions for improvement of the Asha Kiran Home in
every manner and taking all issues pertaining to the D
welfare and upkeep ofresidents; their protection against
any forms of assault/or any coercion while they are at
this home, their health, habitat, education, living conditions,
medical care and treatment and personal grooming and
hygiene will be given maximum consideration.
V) The Governing Council under the Chairperson, will take E
utmost care to de-congest the home; to rehabilitate and
restore the residents to their homes of families, or create
opportunities of foster care and mainstreaming in the
society or communities; will uphold the national and
international policies and UN covenants petiaining the F
status of persons living with all forms of mental disabilities;
to nurture the environment of love, care and affection
for this section; and to re-affirm the concepts of dignity
and human rights; to initiate all such measures which
will ameliorate the existing pain and congestion; the typical
sense alienation and the symptoms of marginalization; G
the said Governing Council will gather fresh energies,
resources and friends and volunteers from the civil society
and try to amalgamate all those to achieve a vision of an
integrated and holistic rehabilitation shelter home for the
most needy and marginalized. It will also initiate policy H
836 SUPREME COURT REPORTS f20161 II S.C.R.

A level dialogues and interdepartmental cooperation
modules to converge benefits of various schemes of
government and non-governmental organizations; re-write
the policy documents, rule books and manuals to cope up
with the cha! lenges of a modern and contemporary world
class institution. Efforts will be made to prepare individual
B
care and suppo1i sheet with micro level interventions, to
acquire dignity for each one of the resident. The
Governing Council will review the Budget and analyze
the present-day requirements and accordingly place
before the government for the rationalization. It will
c explore setting up ofa Resident Welfare Fund to augment
and take care of the employment oppo1iunities for the
residents.
VI) The Governing Council shall be a decision-making body
and its decisions shall be considered the ultimate and
binding by the government for improvement of the
D
essential services as well as the plight of the inmates.
The Chairperson shall be competent to direct/guide/
control the implementation of policies and proposals and
shall be a face and a voice of the so far neglected
institution. The Administrator and the Superintendents
E shall be responsible to assist the Governing Council and
the Chairperson to spearhead the proposed developmental
activities.
VII) The Government has approved proposed development
of a Terms of Reference for the functioning of the
F Governing Council, which shall be read with a mandate
and a vision document.
VIII) The depa1iment had already proposed appointment of
94 House Aunties and appointments shall be made at the
earliest. After the appointments, proper training will be
imparted through the Panel of Expe1is whereby the newly
G
inducted House Aunties shall be sensitized on issues
pertaining to health, hygiene and medical care. The
Governing Council will promptly act to train the staff
members with the help of existing governmental and non-
governmental training institutions. Special attention will
H be given to integrate the voluntary groups in training
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 837
ORS. (A. M. KHANWILKAR, J.]

programs. A
IX) The government has already commissioned the activity
ofa new AshaKiran Building and the DSIIDC empanelled
Architect, Mr. Prabhat, involved in Half Way Home
construction have been taken on board to assist in
formulation ofa scientific construction plan, with national 8
and international rehabilitative standards. With regard
to infrastructural development, it is proposed to shift I 00
residents to a new location, i.e. Nirmal Chaya. The
complex of Asha Kiran will undergo radical changes.
Four new multistory cottages, having 3 floors, will be
constructed. Each cottage will house I 00 residents c
thereby catering to 400 residents. Mr. Prabath, is very
well versed and acquainted with the requirement of the
residents of Asha Kiran will design the new cottages, in
consultation with the Governing Council as well as the
government appointed committee to ensure all necessary D
inputs are made available for the benefits of the home.
It would be pertinent to state that earlier sanction has
been given to more than 15 times of Civil and other Works.
The sanctioned amount is about Rs. 5,50,00,000/-. This
would need further revision as additional floors are being
added in the four new cottages. Several rounds of E
presentations and meetings have already taken place in
the last one year, to create an integrated and holistic space
for cluster homes and apartments for the beneficiaries
of Asha Kiran.
X) The list submitted by Applicants contains names of private F
psychiatrists. Since, Dr. Nimesh Desai (Director,
IHBAS, the statutory regulatory institution for all forms
of mental disabilities) and Ms. Sreerupa Mitra Chaudhury
(a mental health activist and expert) are already part of
the Government appointed committee, some more
psychiatrists on board, is unnecessary inclusion. G
XI) The women and child health specialists from nearby
Government hospitals are visiting the institution on regular
basis; therefore, adding names of some more is not
required.
XII) The government has instructed the Governing Council H
"\ -
838 SUPREME COURT REPORTS [2016] I l S.C.R:

A to constitute an Advisory Expert Group Panel for regular
advice, academic assistance, technical and knowledge
support and for creation of voluntary training
,' opportunities at the il)stitution and to makethem part of
'' a new action plan that shall be formulated soon by the
Governing Council. Thematter will be referred to the
B
Advisory panel of experts', which would also include the
first four persons suggested by the 'petitioners, viz. Ms.
Radhika Alkazi, Merry Barna, G Shyamala and Shanti
. , Aulak. The Advisory panel of experts will provide
., technical advice and shall be knowledge partners of the
Governing Council. The Governing Council shall be
~
authorized to expand or empanel more and more experts
of proven expertise from various fields tci add value.
Xlll) Segregation of border line and mild cases from
moderate severe and profound category cases shall be·
done on war footing. ·Efforts will be made to absorb the
D
·Border and Mild category cases in the main stream by
sending them to regular schools, NGO Institutions and \
incase ofadults, they wlJI be employed as 'peer mentor'
· to work upon the other residents. Remuneration would
\
be given to shch "peer mentors" at par with the.policy
E under NREGA or any such scheme. Bank :!ccounts of
such mild to moderate residents will be opened whertjn
\ their salary-shall be deposited, for their use and benefit.
XIV) The Government is strengthening staff members by
providing'spec'ial training, workshops and sensitizing them
F with all issues pertaining to the different categories of
residents (4 categories).··
XV) The Government will prepare a curricuhim or co-opt
an already existing curriculum to train the House Aunties
and Staff ofAsha Kiran and forth is, the Advisory Panel's
advise and technical input, in-house training and also
'·
G
developing administrative acumen shali be taken. With is
exercise, the house aunties as well as the other staff will
get sensitized {o every aspect of care to be provided to
the residents. The advisory Panel develop the will
~u:riculum/conten.t for the technical course proposed for
H \,\ prdfessional qualification of all house aunties and other
' ~·
.
\ .' '
.! \ I. ·"-
.-.:::_
....... --
~ .I ......... . .--._

SUPREME COURT REPORTS [2016] 11 S.C.R, REENA BANERJEE & ANR._v. GOVT. OF NCT OF DELHI & 839,
838
·, ORS. [A; M. -KHANWILKAR, J.] --..:··

A to constitute an Advisory Expert Group Panel for regular . . staff of Asha Kir~n home •. The ,'Sahyogi' program of ..A -
advice, academic assistance, technical and knowledge . '-.-.:_ the National Trust, suitably modified by. the Advisory
support and for creation of voluntary training Panel, will be implemented forthe new as well as existing
opportunities at the it)stitution and to make them part of ho"lise aunties;. · • ' ·. ,.,,,:, · . ·:· ·
''
\ a new action plan that shall be formulated soon by the XVI) the department is contemplating ~ revised salary .
B
Governing Council. Theinatter will be referred to the
Advisory panel of experts, which would also include the
. structure with guarantee. of.minimum wages .to the . B ;.. . .

personnels employed at Asha Kiran the unpaid .dues or.
first four persons suggested by the petitioners, viz. Ms. the Staff shall be settled within 4-6 weeks. . . · ··
Radhika Alkazi, Merry Barua, G. Shyamala and Shanti
Aulak. The Advisory panel of experts will provide -- ' XVII) The neighbouring g~vernme~t hospitals- are peing
attached to Asha Klran for providing ongoing medical
· technical advice and shall be knowledge partners of the --.......... care in case the medical.care
'Governing Council. The Governing Council shall be . .· . centre situated '·.
•,.
within
'
the
c
F authorized to expand or empanel more and more experts
complexis unable to cater to the ailment.The teai:n of·
psychiatrists, pediatricians, gynecologists and. general ,
of proven expertise from various.fields to add value. physicians from these hospitals will pay regularand
Xlll) Segregation of border line and mild cases from routine duties for the' care of the residents. The entire
moderate severe and, profound category cases shall be heaith record wiH b~ digit~lized for easy r~ferenc~ in ..
D
done on war footl!ig'. ·Efforts wi II be made to absorb the case of any.
emergency.
' '
-~ •
' '
, -
:" . . '" . '
D
Border and Mild category cases in the main stream by
· sending them to regular schools, NGO Institutions and \ •
XVJII)The Department is contemplating engagement of . ·
special educators for occasi~nal training and consultatLo~.
incase ofadults, they w'ill be employed as 'peer mentor'
• · XJX) With regard to inspection/supervision: an inspedii9~-.
· to work upon the other residents. Remuneration would
be given to snch "peer mentors" at par with die. policy · ·-· committee constituted under the Sei:tion35 of the J.J.Act
\ !o\as wen as the committee uriderthe DCPCR and NCPCR' .. E
E under NREGA or any such scheme. Bank itccounts of
. such mild to moderate residents will be opened whertjn
·<are at liberty to perform the statutory obligations and
\ · their salary-shall be deposited, for their use and benefit. ·. · ·. their reports<shallbe taken by' the department of social·
-- . wdfare as wenas'the·s!affof,ASha Kiran in the right· .
XIV) The G~vemment is stre~gthening staff members by ""> direction.' .The Goveniinenthas also iequ·~sted the Govt . . ·
providing special training, workshops and sensitizing them ·appointed Committee and will can upi>ri the Governing •
F
with all issues pertaining to the different categories of . Council to undertake/conduct surprise visits to-the _ . F
residents (4 categories). · · . . institution on odd hours 'and record the. activities and .
XV) The Government will prepare a. curriculum or.co-opt ·_.· statemeriis of inmat~s .• · -; ;-:.\ ·.
·· an already existing curriculum to train the House Aunties --.XX) Forproper su..Veillance l\nd prevention of any imto\yard .
. .· '• · -----.
· and Staff ofAsha Kiron aiid forth is, the Advisory Panel's \ . ·:incident, ·ccTV system is bei!ig ;'in-stalled at important
advise and technical input, in-house traiping and also
G developing administrative acumen shall be taken. With is
_plac~~::/:. ·: /.,:<··.··.•\ . ·•. .·. , ..
~ ·•.·:<• .. G

exerCise, the house aunties as well as the other' staff will XXI) 26 ne\vJoill:tS are under construction in the home and. ,·
.·.. they'sl1~11 be:.niad~ fun~tionai· byJo:os;lo 12: :.:I'he ·..·.·
get sensitized{o every aspect ofcare,to be provided to
, ',: .• requiiemeni ofthe additional ~oi_lets' ~v~s' considered by ...
the residents. The advisory Panel will develop the
. , · , the depaf!ment in June-Jul)' 7Ql ! and th_: sarrie have been

H' \-,
<ll!rdculum/conten.t for the technical course proposed for

~\
prdfessional qualification of all house aunties and other ;4uJy': im1Jlemente~; Jn· so .far a~·renpvation of existing
·,.·::·-~--~:· ~-~ ,.._· ....... ·.,·'. - .H
-':~~~:::::::.....:~
\ .
\ .. \
·, ,:,
·'
840 SUPREME COURT REPORTS [2016) 11 S.C.R.

A infrastructure is concerned, including toilets, the process
was initiated in December 2010 and an amount of Rs.
2.50 crores has been spent.
XXII) The government is contemplating to make Asha Kiran
Home an autonomous body with a highly effective
B Governing Council. The appointment of the governing
council at this stage by the government with Ms. Sreerupa
Mitra Chaudhury as the Chairperson is a step in the right
direction.
XXIII) The chairperson, backed by the Governing Council
and the Advisory Groups shall take decisions related to
c amendments in policy of admission of new cases; and
re-location of the existing or new residents depending on
their merit, criterion, requirements etc.; as well as
restoration, re-integration, mainstreaming and
rehabilitation. A policy will be developed to assist the
D homeless, people of the street and the poorest of the
poor who have no income. Consultative meetings and
inter-departmental dialogues shall be held to make space
for the poor and the most deserving. Maximum focus
will be laid on the access to the most marginalized. In
this connection, fresh intake modalities and rule books
E shall be amended."
S. After adverting to the commitment made by the State
Government in the aforesaid report, the High Court opined that the
proposed action would go a long way in improving the condition of Asha
Kiran Home. On that basis, the High Court disposed of the matter by
F expressing a hope that the Authorities concerned will implement the
proposed action within assured time frame. As regards the suggestions
given by the appellants in respect of the proposed action, the High Court
clarified that the Government Authorities may consider the same.
6. The appellants, however, have approached this Court by way
G of present appeal under Article 136 of the Constitution of India. The
principal grievance of the appellants is that the High Court ought not to
have mechanically accepted the suggestions given by the State
Government in toto; and more particularly because the past experience
shows that the Authorities had never fulfilled their commitments made
before the High Court in previous Writ Petitions. Further, there was an
H
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 841
ORS. [A. M. KHANWILKAR, J.]

imminent need to drastically improve the condition of Asha Kiran for A
mentally challenged persons, keeping in mind the suggestions given by
the appellants before the High Court. The High Court ought to have
examined the suggestions presented in writing by the appellants. Besides
the appellants, by way of rejoinder affidavit filed in this Court, have
disputed the correctness of the factual position about the condition of
B
Asha Kiran Home.
7. The respondents 1 to 7 (State Government) have filed affidavit
in this Court on J91h April, 2014, disclosing the factual information about
the action taken in furtherance of the proposal submitted to the Delhi
High Court and assured to take measures to provide better facilities to
the inmates and of improving the condition of Asha Kiran Home. The c
respondents I to 7 then filed additional affidavit sworn in August 20 IS,
giving information about the action taken for improving the conditions in
Asha Kiran Home and also having provided better facilities to the inmates.
The said affidavit also explains the aspects noted in the report submitted
by the Senior Advocate on 26th August 20 IS, regarding the present status D
in Asha Kiran Home for mentally challenged persons. The additional
affidavit, inter alia highlights the extent of improvisation ofinfrastructure,
the living conditions of the inmates in the Home including about the
programmes undertaken for providing social security to the inmates. It
is stated that the new activities introduced by the Management have
expanded the opportunities and exposure to the inmates in relation to E
new trades and training programmes. The affidavit also deals with the
issues noted by this Court in its order dated I O•h February 20 IS and 261h
March 2015, in particular. The thrust of the latest affidavit of the
respondents is that the living conditions of the inmates in the Home has
considerably improved including of providing new facilities and F
opportunities to them. Similarly, the medical care and health structure as
well as exposure to games and sports has been strengthened. It is stated
that the activities undertaken by the Home under the guidance and
supervision of the Governing Council has been acclaimed even by the
media. Further more, Asha Kiran ha;; become the first Government
Institution in the welfare sector in Delhi, to be awarded ISO 9001: 2008 G
for Quality Management in September 2014. The new initiatives taken
by the Governing Council have been appreciated by one and all.
Significantly, the factual position stated in this affidavit has not been
countered.
H

•
842 SUPREME COURT REPORTS [2016] 11 S.C.R.

A 8. Considering the factual position stated in this latest additional
affidavit and which has not been controverted, it must follow that the
issues agitated by the appellants before the Delhi High Court have been
substantially redressed. In case there is still any subsisting deficiency or
shortcoming or~ possibility of further improvisation, it is always open t{>
the appellants to give tbeir suggestions to the Governing Council. The
B
appellants are free to do so ..There is no reason why the Governing
Council will not consider those suggestions and act upon the same'in
right earnest, ifthe same are reasonable and achievable. This proceeding
should come to an end on this note. '
9. However, th is Court vide order dated 26"' March 2015 had
c observed that the pitiable condition as obtained in Asha Ki ran, in relation
to which the matter had travelled to the Delhi High Court may be true in
respect of Homes in other parts of the country. The Court, therefore,
issued notice to all the State Governments and Union Territories and
directed them to file their response about the ground reality prevailing in
D their respective State with particular reference to the State obligations
enunciated in The Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995 (hereinafter referred
to as the 1995 Act). Jn response to the notice, in all 18 affidavits have
been filed by different States/Union Territories giving particulars about
the prevailing position in their respective State/Union Territory.
E
10. Having given our anxious consideration to those affidavits,
we are of the view that analyzing the affidavit of each State/Union
Territory would be a cumbersome exercise, if not entail in entering upon
a roving enquiry. Be that as it may, we are of the view that a
comprehensive mechanism and dispensation is predicated ih ,the 1995
F Act and the Rules framed thereunder. Besides the 1995 Act, even the
Mental Health Act, 1987 (hereinafter referred to as the 1987 Act)
postulates a dispensation mandating the appropriate Government to
establish institutions for the care of mentally challenged persons and
maintenance and management thereof wjth a view to create an equal
G opportunity and social security to them. For that, an organizational
structure has been provided for the Central Government and Union
Territories on the one hand and the respective State Governments on
the other. The Authorities so created have been fastened with a duty to
ensure that the Homes are maintained properly; and the inmates as well
as outdoor patients are looked after properly and also to create equal
H
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 843
ORS. [A. M. KHANWILKAR, J.]

opportunity and social security in the matter of education and employment A
of such persons. To wit, Section 3 of the 1995 Act mandates that the
Central Government shall constitute a body to be known as Central
Coordination Committee to exercise the powers conferred on it and to
perform the functions assigned to it under the Act. The functions of the
said Committee are delineated in Section 8 of the Act, which not only B
require it\to develop a national policy to address issues faced by the\\
persons with disabilities but also to review and coordinate the activit~es
ofall the Departments otGpvernment and other Governmental and 11\lh-
Governmental Organisat\ons which are dealing with matters relating to
persons with disabilities. The Central Coordination Committee is made
responsible to oversee and monitor the functioning of the Central c
Executive Committee constituted by the Central Government under
Section 9 and to perform the functions assigned to it under the Act. On ,
similar pattern, under Chapter lll, the State Coordination Committ~e is '
constituted by the State Government to exercise the powers confe~e~
on it and to perform the functions assigned to it under the Act. \he
functions of the State Coordination Committee are more or less identic,al
D
to the functions of the Central Coordination Committee which, however
is confined to review and monitoring the situatiol\ within the State. Sec~on
19 of the Act mandates that the State Government shall constitute\111
committee to be known as the State Executive Committee to perforrt\
the functions assigned to it under the Act. The functions of the State\, E
Executive Committee are similar to that of the Central Executive
Committee but operate only within that State and in respect of Homes
established by the State Government or permitted by the State Government
for the benefit of persons with disabilities. Besides creating the vertical
organizational structure at the Centre and State level respectively, the
1995 Act also delineates the functions of the respective Authority. As F
regards the Apex Coordination Committee - be it at the Central or State
level - the Committee is expected to serve as the focal point on disability
matters and facilitate the continuous evaluation of a comprehensive policy
towards solving the problems faced by persons with disabilities. Besides
this gen~ral obligation, the specific functions of the Central Coordination G
,Committee are as follows:
"8. Functions of the Central .Co-ordination
Committee:-
(1) .••1•••••••••
H
844 SUPREME COURT REPORTS r20l6l 11 S.C.R.

A (2) In particular and without prejudice to the generality of
the foregoing, the Central Co-ordination Committee may
perform all or any of the following functions, namely:-
( a) review and coordinate the activities of all the
Departments of Government and other Governmental and
B non-Governmental Organizations which are dealing with
matters relating to persons with disabilities;
(b) develop a national policy to address issues faced by
persons with disabilities;
(c) advise the Central Government on the formulation of
c policies, programmes, legislation and projects with respect
to disability;
(d) take up the cause of persons with disabilities with the
concerned authorities and the international organizations
with a view to provide for schemes and projects for the
D disabled in the national plans and other programmers and
policies evolved by the international agencies;
(e) review in consultation with the donor agencies their
funding policies from the perspective of their impact on
persons with disabilities;
E
(f) take such other steps ensure barrier-free environment
in public places, work-places, public utilities, schools and
other institutions;
(g) monitor and evaluate the impact of policies and
programmes designed for achieving equality and full
F
participation of persons with disabilities;
(h) to perform such other functions as may be prescribed
by the Central Government."
11. The functions of the State Coordination Committee are also to
G serve as the State focal point on disability matters and to facilitate the
continuous evaluation of a comprehensive policy towards solving the
problems faced by persons with disabilities. Besides this general
obligation, the State Coordination Committee is expected to discharge
the following functions :

H
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 845
ORS. [A. M. KHANWILKAR, J .]

"18. Functions of the State Co-ordination Committee- A
(I) .................
(2) In particular and without prejudice to the generality of
the foregoing function the State Co-ordination Committee
may, within the State perform all or any of the following
functions, namely:- B

( a) review and coordinate the activities of all the
Departments of Government and other Governmental and
non-Governmental Organizations which are dealing with
matters relating to persons with disabilities;
c
(b) develop a State policy to address issues faced by persons
with disabilities;
(c) advise the State Government on the formulation of
policies, programmes, legislation and projects with respect
to disability; D
(d) review in consultation with the donor agencies, their
funding policies from the perspective of their impact on
persons with disabilities;
(e) take such other steps to ensure barrier-free environment
in public places, work places, public utilities, schools and E
other institutions;
(f) monitor and evaluate the impact of policies and
programmes designed for achieving equality and full
participation of persons with disabilities;
(g) to perform such other functions as may be prescribed F
by the State Government."
12. The functions of the Central Executive Committee in terms of
Section I 0 of 1995 Act, is to carry out the decisions of the Central
Coordination Committee as its Executive Body; and also to perform
such other functions as may be delegated to it by the Central Coordination G
Committee. Section 12 of the Act enables the Central Executive
Committee to associate with itself any person in such manner for such
purposes as may be prescribed by the Central Government, whose

H
\

\
\
'" \

846 SUPREME COURT R;f:PORTS r2016] 11 S.C.R.

A assistance or advice it may desire to obtain in performing any of its
functions under the Act. A person associated with the Central Executive
Committee shall have the right to take part in the discussions of the
Central Executive Committee relevant to that purpose, but shall not have
a right to vote at a ·meeting of the said committee, and shall not be a
member for any other purpose. Similar dispensation is predicated in
B
respect of State Executive Committee, \"hich has to function as the
Executive Body of the State Coordinatilln Committee and is responsible
to carry out the decisions of the State Coordination Committee and to
perform such other functions as may be delegated to it by the State
Coordination Committee. Even the State Execut{ve CO{nmittee can
c associat~ any person whos~ assistance or advice m.a~ be' req~ired !n
perform mg any of the functions of the State Executive Committee, m
terms of Section 22 of the 1995 Act.
13. Besides the dispensation provided in the 1995 Act for the
implementation of the avowed objectives of the said Act, we find that
D the 1987 Act also provides for a comprehensive dispensation to fulfill
the objectives of that Act. Under the latter Act, the Central Authority for
Mental Health Services is established by the Central Government and
the State Authority for Mental Health Services is established by the
concerned State Government. The expression "Mental Health Services"
has been defined in the Explanation to Section 3 of 1987 Act. The functions
E of this Authority have been delineated in Sub-section (3) of Section 3 of
\
the Act reads thus:-
" 3. Central Authority For Mental Health Services. -
(1) .............................................. .
F (2) .............................................. .
(3) The Authority established under sub-section (I) shall -
(a) be in charge of regulation, development, direction and
co-ordination with respect to Mental Health Services under
the Central Government and all other matters which, under
\
G this Act, are the concern of the Central Government or any
officer or authority subordinate to the Central Government.
(b) supervise the psychiatric hospitals and psychiatric nursing
homes and other Mental Health Service Agencies (including
places in which mentally ill persons may be kept or detained)
H
\
·.,
'
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 847 ''
ORS. [A. M. KHANWILKAR, J.]
'
under the control of the Central Government; A
(c) advise the Central Government on all matters relating
to mental health; and
(d) di~charge such other functions with respect to matters
relatin~ to mental health as the Central Government may
require. B

Explanation.- For the purposes of this section and section
4, "Mental HeaJth Services" includ~, in addition to
psychiatric_ hospitals and psychiatric nursing homes,
observation· wards, day-care centers, in patient treatment
' c
', in general·hospitals, ambulatory treatment facilities and other
facilities, convalescent homes and half-way-homes for
menta~ly ill persons."

' As regards the State Authority, Section 4 of the 1987 Act reads
thus:
"4. State Authority For Mental Health Services. - D\

(I) ........ \ .. · .......
(2) .............. .>.' .
(3) The Authority established under sub-sectiqn ( 1) shall -
\ E
(a) be in charge ofregulation, development and co-ordination
'\
with respect to Mental Health Services under the State
Government and all other matters which, under this Act,
\
' the concern of the state Government or any officer or
authority subordinate to the State Government;
\
F
(b) supervise the psychiatric hospitals and psychiatric nursing
homes and other Mental health Service Agencies (including
places in which mentally iHpersons may be kept dr'detained
under the control of the State Government:
(c) advise the State Government on all matters relating to G
mental health ; and
( d) discharge such other functions with respect to matters
relating to mental health as the State Government may
require."
H
848 SUPREME COURT REPORTS r20l61 l l S.C.R.

A 14. Section 5 of the 1987 Act obligates the Central Government
or the State Government as the case may be, to establish or maintain
psychiatric hospitals and psychiatric nursing homes for the admission,
treatment and care of mentally ill persons at such places as it thinks fit
within the limits ofitsjurisdiction. Section 5 reads thus:
B "5. Establishment or maintenance of psychiatric
hospitals and psychiatric nursing homes. - (I) The
Central Government may, in any part oflndia, or the state
government may, within the limits of its jurisdiction,
established or maintain psychiatric hospitals or psychiatric
nursing homes for the admission, treatment and care of
c mentally ill persons at such places as it thinks fit; and separate
psychiatric hospitals and psychiatric nursing homes may be
established or maintained for, -
(a) those who are under the age of sixteen years;

D (b) those who are addicted to alcohol or other drugs which
lead to behavioural changes in a persons ;
(c) those who have been convicted of any offence; and
(d) those belonging to such other class or category of
persons as may be prescribed .
E
(2) Where a psychiatric hospital or psychiatric nursing home
is established or maintained by the Central Government,
any reference in this Act to the State Government shall, in
relation to such hospital or nursing home, be construed as a
reference to the Central Government."
F 15. Section IO of the 1987 Act postulates that every psychiatric
hospital and psychiatric nursing home shall be maintained in such manner
and subject to such conditions as may be prescribed. The manner and
conditions of maintaining psychiatric hospital and psychiatric nursing home
has been spelt out in Rule 20 framed under the said Act. The same
G reads thus:
"20. Manner and conditions of maintaining psychiatric
hospital or psychiatric nursing homes.- Every
psychiatric hospital or nursing home shall be maintained
subject to the condition that,-
H
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 849
ORS. [A. M. KHANWJLKAR, J.]

(A) such hospital or nursing home is located only in an area A
approved by the local authority;
(8) such hospital or nursing home is located in a building
constructed with the approval of the local authority;
(C) the building, where such hospital or nursing home is
situated, has sufficient ventilation and is free from any
8
pollution which may be detrimental to the patients admitted
in such hospital or nursing home;
(D) such hospital or nursing home has enough beds to
accommodate the patients;
c
(E) the nurses and other staff employed in such hospital or
nursing home are duly qualified and competent to handle
the work assigned to them;
(F) the supervising officer-in-charge of such hospital or
nursing home is a person duly qualified having a post- D
graduate qualification in psychiatry recognized by the
Medical Council oflndia." -
16. Section 13 of the 1987 Act cnvisages that an Inspecting Officer
may, at any time, enter and inspect any psychiatric hospital or psychiatric
nursing home and require the production of any records, which are
E
required to be kept in accordance with the Rules made in this behalf, for
inspection.
17. Suffice it to observe that the 1995 Act as well as 1987 Act
make ample provision for not only establishment of Homes for the
admission, treatment and care of mentally ill persons but also about the
F
maintenance and conditions and facilities to be provided to the inmates,
to ensure that the Homes are properly equipped and are being run in
accordance with the statutory scheme. Authorities for monitoring and
supervision are also in place (Central Coordination Committee at the top
of the pyramid in so far as Homes established by the Central Government
or permitted to be established by it). Similarly, forthe Homes established G
by the State Government or permitted to be established by it, the State
Coordination Committee is at the top of the pyramid of the organizational
structure within the State. The provisions in the 1987 or 1995 Act and
Rules framed thereunder, clearly articulate the manner of providing
proper conditions in Hospitals/Homes established under the concerned
H
' .
850 SUPREME COURT REPORTS [2016] II S.C.R.

~ enactment and also for its maintenance.
" · 18. In that, Chapter V of 1987 Act provides for inspection,
discharge, leave ofabsence and removal of mentally iltperso;;s. Chapter
VII stipulates the liability to meet the cost of maintenance of mentally ill
persons detained in psychiatric hospital or psychiatric nursing home.
8 Chapter Vfll mandates that mentally ill persons to be treated with dignity
and protection of their human rights. Chapter IX of 1987 Act provides
for penaltie~and procedure. Section 82 provides for penalty for, "
establishment or maintenance of psychiatric hospital or psychiatric nursing ·
home in contravention of Chapter III. Section 85 is a gen er-al provision
for punishment of other offences. Section 94 is a Rule making power of
c the Central Government and State Government. Amongst others, it is
open to make Rules with regard to the following matters:
"94. Power of Central Government and State
Government to make rules. -

D (I) The Central Govemmerit may, by 11otification, make rules
. providing for the qualifications of persons who may be
appointed as Mental Health Authority under section 3 and
the terms and conditions sll!?ject to whiEh they may be_
appointed und.er tliat section and all other matters relating
to such authority. "-
E
(2) Subject to the provisions of sub-section (1 ), the State
Government, with the previous approval of the Central
G'Ovemment may, by notification,_make rules for carrying
out the provisions of this Act: ·
Provided that the first rules shall be made by the Central
F
Government by notification. "-
(3) Jn particular, and without prejudice to the generality of
the foregoing power;-r!Jles made under sub-section (2) may
provide for all or any of the following maters, namely:-
G '-- (a) the qualifications of persons who may be appointed as
Mental Health Authority and the terms and conditions
subject to which they may be appointed under section 4
· and all other matters relating to such authority;
(b) the class or category of persons for whom sepamte
H
~
\
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 851
ORS. [A. M. KHANWlLKAR, J.J

\ . psychiatric hospitals !l{ld psychiatric nursing homes may be A
established and maintained under clause ( d) of sub-section
( 1) of section 5;
(c) ............... ·........ .
'·
(d) ................... · ... .
B
(e) ...................... .
(f) the minimum facilities referred to in the proviso to sub-
' section ( 5) of section 9 including, -
' .
(i) psychiatrist-patient ratio;
(ii) other medical or para-medical staff;
c
(iii) space requirement;
(iv) treatment facilities; and
(iv). equipment:
D
(g) the manner in which and the conditions subject to which
a psychiatric hospital or psychiatric nursing home shall be
maintained under section 1O;
(h) ........ ; ......... ;.
(i)~he manner in which records sh~I be maintai;;ed under E
sub-section (l) of section 13.
U) the facilities to )>e provided under section 14. of the
treatment of a mentally ill person as an out-patient;
(k)~ ; ................ .
F
.(I) the qualification of persons who may be appointed as
Vi,sitors and the terms and conditions on which they may
be appointed, under section 3 7 and their functions;
(m) ................. ·.
(n) any other
. matter '""'
' which is required to be, or may be,
'
G
prescribed."
"
19. We have already adverted to Rule. 20 of the Rules of 1990 ·
providing for the manner of maintenance of psychiatric hospit~d.,_
psychiatric nursing home. Besides that provision, it may be useful to
·. . ' H
"'
852 SUPREME COURT REPORTS f20161 11 S.C.R.

A refer to Chapter V of the same Rules of 1990, providing for minimum
facilities for treatment of patients in the psychiatric hospital and psychiatric
nursing home.
20. Reverting to the 1995 Act, there are ample provisions in this
Act to ensure proper functioning of the Homes accommodating mentally
B challenged persons. This Act, no doubt, deals with the aspirations of
persons inflicted with disability generally. The expression "disability" is
defined in Section 2(i) which includes mental retardation and mental
illness. The regime for proper maintenance and upkeep of the Homes
established under this Act for mentally challenged persons, would apply
proprio vigore. The appropriate Government is not only required to
c establisl1 such Homes but also to create an environment to impart
education to the inmates as predicated in Chapter V of the said Act and
also opportunities of employment for the inmates in terms of Chapter
VI. Chapter VII of the 1995 Act deals with affirmative action and Chapter
Vlll stipulates measures for non-discrimination. Chapter IX of the Act
D obligates the appropriate Government and Local Authorities to promote
and sponsor research on matters referred to therein. Chapter XI provides
for establishment ofan institution for persons with severe disabilities by
the appropriate Government. The Chief Commissioner and the
Commissioners For Persons with Disabilities are required to be appointed
for overseeing the stated matters including regarding the conditions of
E nursing Homes for mentally ill persons.
21. As the attention of this Court was invited to issues concerning
institutions established under the 1995 Act in different states, we would
first deal with such institutions. The concerned States/Union Territories
have filed affidavit disclosing the conditions prevailing in the Homes
F established under the 1995 Act within their jurisdiction. All those affidavits
be placed before the Central Coordination Committee established under
the 1995 Act. Similarly, the affidavit of the State concerned be placed
before the State Coordination Committee of the concerned State. The
said Authorities have ample power to monitor and evaluate the
G implementation of the programmes including to review and coordinate
with the appropriate Government on matters relevant for improvisation
of the conditions of the Home within the State or for introducing welfare
measures for the inmates therein. Section 8 of 1995 Act obligates the
Central Coordination Committee to review and coordinate the activities
of all the Departments of the Government and other Governmental and
H
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 853
ORS. [A. M. KHANWILKAR, J.)

non-Governmental Organizations which are dealing with matters relating A
to persons with disabilities. The Central Coordination Committee also
discharges an advisory role including to develop a national policy to
address issues faced by persons with disabilities. It has to advise the
Central Government on the formulation of policies, programmes,
legislation and projects with respect to disability. As the factual position
B
stated in the affidavits filed by the respective State/Union Territory before
this Court will become available to the Central Coordination Committee,
it will be in a better position to formulate a comprehensive national
policy on matters relevant to address the issues. It may develop a
national policy or modify the existing national policy, programmes or
schemes, as may be required. That in tum can be implemented at the c
micro level. The recommendations to be made by the Central Coordination
Committee at the micro level must ideally focus on zone wise necessity
of the four regions of the country and in particular State wise
requirements. Further, on identifying issues about non-implementation
or non-compliance, the concerned State Coordination Committee can
D
be directed by the Central Coordination Committee in exercise of its
power under Section 23 of the 1995 Act. Section 23 of the 1995 Act
reads thus:
"23. Power to give directions. - In the performance of
its functions underthisAct,-
E
(a) the Central Co-ordination Committee shall be bound by
such directions in writing, as the Central Government may
give to it; and (b) the State Co-ordination Committee shall
be bound by such directions in writing, as the Central Co-
ordination Committee or the State Government may give to
it F

Provided that where a direction given by the State
Government is inconsistent with any direction given by the
Central Co-ordination Committee, the matter shall be
referred to the Central Government for its decision''.
G
Thus, direction issued by the Central Coordination Committee
would be binding on the concerned State Coordination Committee. In
case, direction given by the State Government to the concerned State
Coordination Committee is in any manner inconsistent with the direction
given by the Central Coordination Committee, that matter must be referred
H
854 SUPREME COURT REPORTS [2016] 11 S.C.R.

A to the Central Government for its decision, as mandated by the proviso
to Clause (b) of Section 23 of the 1995 Act. This exercise be completed
within a reasonable time but not later than six months.
22. In addition, the Secretary of the concerned Department of the
respective State/Union Territory must place the affidavit filed in this
B Court before the State Coordination Committee of the concerned State,
who in turn must undertake similar exercise of evaluation of the conditions
of the local Homes and take remedial measures within a reasonable .
time but not later than six months. The direction so issued by the State
Coordination Committee to the local institution/Home established under
the 1995 Act must be forwarded contemporaneously to the Central
c Coordination Committee for information so that even the Central
Coordination Committee would be abreast of that development, which
can be reckoned by it while issuing direction to the concerned State
Coordination Committee.
23. From the legislative scheme of 1995 Act, it is amply clear that
D the State Coordination Committee is primarily responsible for ensuring
compliance of the mandate regarding the infrastructure and other facilities
to be provided in the Homes established under the 1995 Act and also for
overseeing that the same are properly maintained from time to time and
comply with the policies and programmes designed for achieving equality
E and full participation of persons with disabilities. The provisions of the
1995 Act provide for checks and balances for which hierarchy of
Authorities have been created to ensure that persons with disabilities
are provided with opportunity of full participation and equality in the
region. That being the obligation of the State, must be implemented
through these Authorities.
F
24. Besides the State Coordination Committee in the concerned
State is made primarily responsible for ensuring that institutions which
fulfill all the criteria alone are established and properly maintained as per
the specified norms, the Central Coordination Committee is also equally
responsible to ensure that the policies and programmes designed for
G achieving full participation of persons with disabilities is taken tq its logical
end by all the duty holders without any exception. It is for that reason,
the Central Coordination Committee is fastened with the function of
review and coordination of activities of all the Departments of the
Government and other Governmental and non-Governmental
H Organisations which are dealing with matters relating to persons with
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 855
ORS. [A. M. KHANWJLKAR, J.]

disabilities; and including bestowed with the power to issue directions in A
terms of Section 23 of the Act - which are binding on the State
Coordination Committee. Failure to comply with such directions must be
taken serious note of by the concerned State Government.
25. Further, the Secretary of the Union oflndia, Ministry of Health
and Social Welfare shall be personally responsible for monitoring and B
overseeing the progress and action taken by the Central Coordination
Committee in respect of establishments registered under the 1995 Act
and under the control of the Central Government.
26. The Authorities may explore the possibility of using IT
Technology for capturing and retrieving real time information about the c
conditions of concerned institution, which will facilitate the Authority to
closely monitor the conditions of the concerned hospital/Home and the
facilities made available to the inmates.
27. In our opinion, six months time frame given to the Central
Coordination Committee and the concerned State Coordination D
Committee is sufficient to enable them to take necessary remedial
measures and ensure that deficiencies in the respective institutions
established under the 1995 Act are cured within such period. In addition
to the issues that have come on record in the form of affidavit of the
concerned State and also other material which has come on record
in the present proceedings or any further inputs to be received by the E
Committee(s) and including after conducting inspection of the
institution(s), the concerned Committee/Authority must take sufficient
measures to remedy the deficiencies within the time frame of not later
than six months.
28. The Chairperson of the State Coordination Committee shall F
submit compliance report not later than eight months from today in the
Registry of this Court after providing advance copy thereof to the Central
Coordination Committee. The Central Coordination Committee shall then
submit State/Union Territory wise report with its comments, if any, within
ten months in the Registry of this Court.
G
29. In so far as hospitals and nursing homes established under the
1987 Act, similar procedure can be followed. All the affidavits/materials
filed in this proceedings be made available to the Central Authority for
Mental Health Services. The affidavit of the concerned State be
additionally forwarded to the respective State Authority for Mental Health
H
856 SUPREME COURT REPORTS f2016] 11 S.C.R.

A Services. The Central Authority for Mental Health Services shall cause
to inspect and evaluate the conditions of the psychiatric hospital and
psychiatric nursing home and other Mental Health Service Agencies
under the control of the Central Government. Similarly, the concerned
State Authority for Mental Health Services shall cause to inspect and
evaluate the conditions of the psychiatric hospitals and psychiatric nursing
8
homes and other Mental Health Service Agencies under the control of
the State Government. The respective Authorities shall issue necessary
directions to the institution(s) under its jurisdiction and ensure its
implementation not later than six months from today. A compliance report
in this behalf be filed by the Central Authority for Mental Health Service
c and the State Authority for Mental Health Service of the concerned
State, as the case may be, in the Registry of this Court not later than
eight months from today.
30. We make it clear that the Secretary of the concerned
Department of the respective State/Union Territory shall be personally
D responsible for monitoring and overseeing the progress and action taken
by the State Authority for Mental Health Service within its State. Similarly,
the Secretary of the Union of India of Health and Social Welfare shall
be personally responsible for monitoring and overseeing the progress
made by the Central Authority for Mental Health Services and compliance
of the directions in relation to the establishments under the control of the
E Central Government.
3 1. The Appeal is disposed of in the above terms with no order as
to costs.

Kalpana K. Tripathy Appeal disposed of.