All States and UTs directed to certify that no mentally ill patient is kept in chains
The Commission has directed all States and Union Territories to certify that no mentally ill patient is kept in chains in any mental hospital/institution. A letter from the Commission in this regard was sent to the Chief Secretaries/ Administrators of all States/UTs.
The Commission had originally taken up this issue on the basis of a complaint from Prof. Dr. Nazneen of Shri Meenakshi Government College for Women, Madurai regarding the plight of mentally ill patients staying in Sultan Alayudeen Durgah, Goripalayam, Madurai (Tamil Nadu).
Taking cognizance of the matter, the Commission had constituted a committee to visit the Durgah and make specific recommendations in regard to the proper care and treatment of the patients. The report submitted by the Committee was accepted by the Commission on 3 January 2001 and a copy of the report was sent on 15 January 2001 to the Government of Tamil Nadu for implementation. Reminders were sent on 10 May 2001 and again on 31 July 2001.
Inspite of this, a shocking incident occurred on 6 August 2001, when 28 inmates of Badhusha Private Mental Asylum in Erwadi of Ramanathapuram District, Tamil Nadu, lost their lives in a fire, due primarily to the fact that they were chained.
The Commission was greatly disturbed by the incident and the failure of the State Government to prevent this tragedy. Taking a grave view of the matter, it asked all States and UTs to certify that no mentally ill patients were chained and kept in captivity. This, the Commission felt, was essential in order to prevent the recurrence of any such tragic incident in future. In letters addressed to the Chief Secretaries of all the States and Chief Administrators of all Union Territories, the Commission requested them to have the requisite reports sent to the Commission by 31 January 2002.
The Commission regrets to note that the response of the concerned authorities has not been very forthcoming in some cases. Replies have been received from the States of Andhra Pradesh, Assam, Chhatisgarh, Goa, Jammu & Kashmir, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Nagaland, Orissa, Sikkim, Tamil Nadu, Uttar Pradesh and West Bengal and from the UTs of Andaman & Nicobar Islands, Dadra & Nagar Haveli, Daman & Diu, Chandigarh and Pondicherry. While Andhra Pradesh, Chhatisgarh, Goa, Madhya Pradesh Maharashtra, Manipur, Meghalaya, Nagaland, Orissa, Uttar Pradesh, West Bengal and the UTs have reported that there are no mentally ill patients who were being kept in chains, Tamil Nadu has stated that instructions have been issued to all the District Collectors to make immediate inspection of all shelters for mentally ill persons in order to ensure that, in future, no shelter is allowed to function without getting a license as per the Mental Health Act, 1987. The District Collectors of Tamil Nadu have also been directed to ensure that whenever mentally ill patients were found in chains, they should be unchained and suitable arrangements made for their welfare. The State Government has assured the Commission that a final report will be sent to the Commission after receiving information from all the District Collectors.
J & K has further informed the Commission that the hospital authorities in the State’s two psychiatry disease hospitals did sometimes use chains “to temporarily curtail the aggressive activities of homicidal schizophrenics and resistant mania patients.” These institutions have now been advised to do away with this practice.
On 6 February 2002, the Commission sent reminders to all the States and Union Territories which have, thus far, failed to respond to its directions on this matter.
The Commission had originally taken up this issue on the basis of a complaint from Prof. Dr. Nazneen of Shri Meenakshi Government College for Women, Madurai regarding the plight of mentally ill patients staying in Sultan Alayudeen Durgah, Goripalayam, Madurai (Tamil Nadu).
Taking cognizance of the matter, the Commission had constituted a committee to visit the Durgah and make specific recommendations in regard to the proper care and treatment of the patients. The report submitted by the Committee was accepted by the Commission on 3 January 2001 and a copy of the report was sent on 15 January 2001 to the Government of Tamil Nadu for implementation. Reminders were sent on 10 May 2001 and again on 31 July 2001.
Inspite of this, a shocking incident occurred on 6 August 2001, when 28 inmates of Badhusha Private Mental Asylum in Erwadi of Ramanathapuram District, Tamil Nadu, lost their lives in a fire, due primarily to the fact that they were chained.
The Commission was greatly disturbed by the incident and the failure of the State Government to prevent this tragedy. Taking a grave view of the matter, it asked all States and UTs to certify that no mentally ill patients were chained and kept in captivity. This, the Commission felt, was essential in order to prevent the recurrence of any such tragic incident in future. In letters addressed to the Chief Secretaries of all the States and Chief Administrators of all Union Territories, the Commission requested them to have the requisite reports sent to the Commission by 31 January 2002.
The Commission regrets to note that the response of the concerned authorities has not been very forthcoming in some cases. Replies have been received from the States of Andhra Pradesh, Assam, Chhatisgarh, Goa, Jammu & Kashmir, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Nagaland, Orissa, Sikkim, Tamil Nadu, Uttar Pradesh and West Bengal and from the UTs of Andaman & Nicobar Islands, Dadra & Nagar Haveli, Daman & Diu, Chandigarh and Pondicherry. While Andhra Pradesh, Chhatisgarh, Goa, Madhya Pradesh Maharashtra, Manipur, Meghalaya, Nagaland, Orissa, Uttar Pradesh, West Bengal and the UTs have reported that there are no mentally ill patients who were being kept in chains, Tamil Nadu has stated that instructions have been issued to all the District Collectors to make immediate inspection of all shelters for mentally ill persons in order to ensure that, in future, no shelter is allowed to function without getting a license as per the Mental Health Act, 1987. The District Collectors of Tamil Nadu have also been directed to ensure that whenever mentally ill patients were found in chains, they should be unchained and suitable arrangements made for their welfare. The State Government has assured the Commission that a final report will be sent to the Commission after receiving information from all the District Collectors.
J & K has further informed the Commission that the hospital authorities in the State’s two psychiatry disease hospitals did sometimes use chains “to temporarily curtail the aggressive activities of homicidal schizophrenics and resistant mania patients.” These institutions have now been advised to do away with this practice.
On 6 February 2002, the Commission sent reminders to all the States and Union Territories which have, thus far, failed to respond to its directions on this matter.