NHRC awaits Tamil Nadu Government’s compliance of its recommendations on mentally ill patients in Dargahs across the State
The National Human Rights Commission regrets that the Government of Tamil Nadu is yet to comply with the Commission’s directions to implement a set of recommendations of 23 January 2001 sent to the State Government on 15 January 2001, in respect of mentally ill persons kept at Dargahs. The compliance report is awaited inspite of reminders issued on 10 May 2001 and 31 July 2001.
On a petition received in August 1998, alleging that mentally retarded persons were being kept in chains and had little space to move about at the Sultan Alayudeen Dargah at Goripalayam near Madurai, the Commission had sought a report from the District Collector of the area. The Collector in his report confirmed that about 92 mentally ill patients were staying at the Dargah, brought in by their relatives with faith in the curative powers of the Dargah. He however denied any incident of beating-up of the patients.
The Commission got the case investigated in February 1999 by the then Director General (Investigation) of the Commission. According to the DG (I)’s report, 500 patients/devotees were staying inside the campus of the Dargah. 75% of them were Hindus and the rest were Muslims. About 100 patients were found tied-up in chains. The patients were kept in thatched sheds and in verandahs. The report highlighted that similar places/Dargahs also existed in other areas of Tamil Nadu wherein mentally ill patients were chained and kept in the hope of a faith cure.
On considering the above reports, the Commission directed the State Government to get the entire matter examined by a body of experts. The report of the group of experts, however, found the complaint to be exaggerated and stated that there are no evidence of torture or compulsion by the Dargah authorities. The inmates had expressed satisfaction and faith in the cure of their mental illness even though some of them had been kept in chains.
The Commission then decided to have the matter examined in greater detail by a Committee headed by Dr. K.S. Mani of Bangalore. The Committee recommended that:
· Patients cannot and should not be treated as cattle. Responsibility for admission and discharge must be in the hands of a qualified Psychiatrist and cannot be left to the Dargah.
· There should be strict supervision of drug intake by the patients.
· Institutionalisation should be only for brief periods at a time and facilities should be ensured for rehabilitation programmes with emphasis on adequate social inputs from family members.
· Family members should not be allowed to leave patients in the Dargah and to walk away, instead there should be health education of the family and explanation about the nature of illness.
· The living conditions of the Dargahs need vast improvement without which they should not be allowed to continue.
· There should be facilities for early diagnosis and regular treatments of mental illnesses in these areas of the State.
On 3 January 2001, the Commission considered and accepted the report of the Committee and directed the Government of Tamil Nadu to implement the recommendations forthwith and send its compliance report at the earliest. The NHRC till date awaits the Tami Nadu Government’s compliance.
These recommendations of the NHRC to the Government of Tamil Nadu in respect of mentally ill persons so kept at the Dargahs were in addition to the earlier general recommendations of the NHRC for treatment and therapeutic care of the mentally ill in accordance with the Mental Health Act, 1987 instead of custodial care.
The Commission had also been seized of the problems of unsatisfactory conditions in Mental Hospitals across the country. Overcrowding, lack of basic amenities, poor medical facilities were the main features of these hospital, which were also commonly used as dumping grounds by desperate relatives. With a view to preparing a plan of action for improving the conditions of these hospitals, the Commission with the aid of the National Institute Mental Health and Neuro Sciences (NIMHANS), Bangalore brought out a report “Quality Assurance in Mental Health”. Shri L.K. Advani, Home Minister, formally released the report on 11 June 1999. Copies of the reports were sent to all Mental Hospitals and to all Health Secretaries for necessary follow-up action. Unfortunately a lot remains to be done even now, inspite of the persistence of the NHRC
On a petition received in August 1998, alleging that mentally retarded persons were being kept in chains and had little space to move about at the Sultan Alayudeen Dargah at Goripalayam near Madurai, the Commission had sought a report from the District Collector of the area. The Collector in his report confirmed that about 92 mentally ill patients were staying at the Dargah, brought in by their relatives with faith in the curative powers of the Dargah. He however denied any incident of beating-up of the patients.
The Commission got the case investigated in February 1999 by the then Director General (Investigation) of the Commission. According to the DG (I)’s report, 500 patients/devotees were staying inside the campus of the Dargah. 75% of them were Hindus and the rest were Muslims. About 100 patients were found tied-up in chains. The patients were kept in thatched sheds and in verandahs. The report highlighted that similar places/Dargahs also existed in other areas of Tamil Nadu wherein mentally ill patients were chained and kept in the hope of a faith cure.
On considering the above reports, the Commission directed the State Government to get the entire matter examined by a body of experts. The report of the group of experts, however, found the complaint to be exaggerated and stated that there are no evidence of torture or compulsion by the Dargah authorities. The inmates had expressed satisfaction and faith in the cure of their mental illness even though some of them had been kept in chains.
The Commission then decided to have the matter examined in greater detail by a Committee headed by Dr. K.S. Mani of Bangalore. The Committee recommended that:
· Patients cannot and should not be treated as cattle. Responsibility for admission and discharge must be in the hands of a qualified Psychiatrist and cannot be left to the Dargah.
· There should be strict supervision of drug intake by the patients.
· Institutionalisation should be only for brief periods at a time and facilities should be ensured for rehabilitation programmes with emphasis on adequate social inputs from family members.
· Family members should not be allowed to leave patients in the Dargah and to walk away, instead there should be health education of the family and explanation about the nature of illness.
· The living conditions of the Dargahs need vast improvement without which they should not be allowed to continue.
· There should be facilities for early diagnosis and regular treatments of mental illnesses in these areas of the State.
On 3 January 2001, the Commission considered and accepted the report of the Committee and directed the Government of Tamil Nadu to implement the recommendations forthwith and send its compliance report at the earliest. The NHRC till date awaits the Tami Nadu Government’s compliance.
These recommendations of the NHRC to the Government of Tamil Nadu in respect of mentally ill persons so kept at the Dargahs were in addition to the earlier general recommendations of the NHRC for treatment and therapeutic care of the mentally ill in accordance with the Mental Health Act, 1987 instead of custodial care.
The Commission had also been seized of the problems of unsatisfactory conditions in Mental Hospitals across the country. Overcrowding, lack of basic amenities, poor medical facilities were the main features of these hospital, which were also commonly used as dumping grounds by desperate relatives. With a view to preparing a plan of action for improving the conditions of these hospitals, the Commission with the aid of the National Institute Mental Health and Neuro Sciences (NIMHANS), Bangalore brought out a report “Quality Assurance in Mental Health”. Shri L.K. Advani, Home Minister, formally released the report on 11 June 1999. Copies of the reports were sent to all Mental Hospitals and to all Health Secretaries for necessary follow-up action. Unfortunately a lot remains to be done even now, inspite of the persistence of the NHRC