SHEELA BARSE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been preferred by Ms. Sheela Barse, a social activist. She has forwarded a copy of the write-up under the title "Jailing the mentally ill". This write-up was published by her.

(2.) The said write-up narrates the following :- Many children and adults are committed to jail in Calcutta as lunatics. In fact they are not mentally ill at all. Some are normal, some temporarily under stress or undergoing a phase of mental disturbance AND a few are mentally retarded. Once they are jailed, they are all categorised as "Non-criminal Lunatics". This jailing deprives them of their liberty on the pretext that he is interned for treatment. When these persons were produced before the Judicial or the Executive Magistrate of West Bengal and instant assessment is made of their mental health and they are committed to jail without fixing the case, date of hearing or the duration of detention. Thereafter they are never produced before the Magistrate. During their confinement these persons lost all the contacts to the outside world, more often than not the Magistrate purporting to act under S. 13 of the Lunacy Act (which Act has been repealed) arrogating themselves a power which they do not have.

(3.) There are no health facilities inside the jail. Their conditions are miserable. The apathy on the part of the various departments of the State Government is a matter of regret. Having failed to get the necessary redressal from the authorities this petition has come up to be moved. Having regard to the nature of allegations the matter being of a great public importance, requiring judicial notice, this Court ordered to issue notice to the State of West Bengal and Union of India.