LexREENA BANERJEE & ANR. versus GOVT. OF NCT OF DELHI & ORS.
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A B c D E F G H [2016) 11 S.C.R. 824 REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & ORS. (Civil Appeal No. 11938of2016) 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 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 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 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 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 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 - Affidavits were filed by different States/Union Territories giving 824 REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & ORS. particulars about the prevailing position in their respective States/ 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 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 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 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 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 - 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 sh
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