- (1.) THESE writ petitions have been filed by the petitioners by way of public interest.
(2.) IN the writ petition being W.P. 21538(W) of 2011, prayer has been made by the petitioners directing the respondents for improvement and/or advancement of the infrastructure of the mental hospitals in the State so as to ensure that the in -patients of the mental hospitals as well as the out -patients, in accordance with the State Mental Health Rules, 1990 (hereinafter referred to as "said Rules") and as per the recommendations of the Central Mental Health Authority and the National Human Rights Commission. Prayer has also been made to direct the respondents to take immediate steps for setting up emergency facilities in all the mental hospitals so as to ensure that the mentally ill persons receive urgent and proper medical treatment during emergencies. Prayer has also been made to remove grille or fencing in the mental hospitals so as to ensure that the inmates therein are not forced to stay in a prison like environment. Prayer has also been made to provide trained staffs, nurses, doctors and Psychiatrists, as there are acute shortage of staffs in the mental hospitals and to maintain hygiene of female inmates in mental hospitals. Adequate steps be directed to be taken to ensure the availability of the medicines, drugs, electricity and medical aid. In the writ petition being W.P. 15158(W) of 2013, the prayers of the petitioners are more or less the same as in the aforesaid writ petition. The factual difference is that the pregnant lady was not given any assistance and medical aid before and during the delivery of the child in violation of Human Rights and Chapter VIII of the Mental Health Act, 1987.
(3.) AN affidavit -in -opposition has been filed in W.P. 21538(W) of 2011 by the respondents wherein it is stated that best possible treatment be given to the patients in the hospitals. Shortcomings have been denied. It is further stated in the opposition that the State is in the contemplation of bringing all mental health hospitals on State for tagging with other general hospitals, so that, non -psychiatric ailments of the psychiatric patients could be treated simultaneously in the these hospitals. A notification dated 10th February, 2012 issued by the Department of Health and Family Welfare has envisaged to appoint Board of Visitors for five State run mental hospital for the purpose of inspection, discharges, leave of absence and removal of mentally ill patients. For Lumbini Park Mental Hospital, six members Board have been constituted. Due compliance of the provision under Section 17 of the Mental Health Act, 1987 is being made.;