SHEELA BARSE versus UNION OF INDIA AND ANR.

Citation: [1993] SUPP. 1 S.C.R. 561 · Decided: 17-08-1993 · Supreme Court of India · Bench: M.N. VENKATACHALIAH · Disposal: Disposed off
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Judgment (excerpt)

SHEELA BARSE 
v. 
UNION OF INDIA AND ANR. 
AUGUST 17, 1993 
[M.N. VENKATACHALIAH, CJ., AND S. MOHAN, J.J 
Mental Health Act, 1947/Central and State Mental Health Auth01ity 
Rules, 1990: 
A 
B 
Care and custody of mentally ill pci:rons in West Bengal-Whether they C 
can be jailed as non-cri111inal lunatics-Wlio should assess the 111ental state 
of such persons-Steps to be taken for their treatment and rehabilitation. 
The Petitioner, a social activist, forwarded a copy or her write up : 
Jailing the mentally ill to this Court narrating that many children and 
adults are committed to jail in Calcutta as lunatics, which deprives them 
or their liberty on the pretext of treatment. When these persons were 
produced before the Judicial or the Executive Magistrate of West Bengal 
an instant assessment of their mental health is made and they are com-
mitted to jail, whereafter they are never produced and lose all the contacts 
with the outside world, while there are no health facilities in jail. 
The State of West Bengal averred that in case of Non- Criminal 
Lunatics, the jails act upon and honour the orders of Court. Giving 
purportedly a picture of satisfactory conditions, the State narrated the 
facilities . accorded to mentally ill inmates. The Union of India made 
submissions that the Mental Health, Act, 1987 and the Central and State 
Mental Health, Authority Rules 1990 were notified on May 22, 1987 and 
December 29, 1990 respectively. The establishment of Central Mental 
Health Authority was pleaded, a; also that the Central Government has 
re11uested the State Governments and the Administration of the Unio.n 
Territories for establishment of State Mental Health Authorities and 
confirm appointmel)t or requisite number or expert personnel, so that the 
Central Government should notily the date on which the said Act will come 
into force in a particular State/Union. Territory. 
D 
E 
F 
G 
This Court appointed a .Commission of Inquiry which submitted a H 
561 
562 
SUPREME COURT REPORTS [1993] SUPP. l S.C.R. 
A four-part report emphasising upon: Treatment deprivatory consequences 
of comrnitment to jail and declared the excessive deprivation of liberty 
lvhile it suggested the composition of managing bodies to transform the 
old custodial institutions to active treatment centres supportive of care in 
the community. It emphasised the establishment of state level rehabilita-
B tion centres and the association of voluntary. agencies. 
c 
Disposing of the petition, this Court 
HELD: 1.1 The admission of non-criminal mentall)' ill persons to 
jails is illegal and unconstitutional. [571-F] 
J.2 Admissions of mentally ill persons to jails in West Bengal be 
stopped forthwith and that the function or getting them examined be 
performed by Judicial Magistrate who shall send the person concerned to 
the nearest place of care and treatment. And will send quarterly reports 
D to High Court setting out details about number of persons screened and 
sent to safe custody. [571-G-H; 572-A·B] 
13 The State of West Bengal should take immediate action and issue 
instructions to implement this Court's directions; order enquiry into the 
deatli or 19 persons in Dum Dum Central Jail upgrade mental hospitals 
E immediately, besides setting up of psychiatric services in all teaching and 
district hospitals and integrat, mental health care with t~e primary health 
care system. [572-C-E] 
1.4 The Health Secretary ol the State will also send quarterly report 
F on the steps taken to implement each of the directions and regulate the 
admission to discharge from the mental hospitals of mentally ill persons 
by a fresh set of instructions in accordance with the reco1nmendations 
made in the report of the Commission. (572-F-H] 
1.5 The High Court of Judicature at Calcutta was requested to 
G appoint a Committee of a ment.'1 health/professional/pychiatrist, a social 
worker and a law person to evaluate the State of the existing mentally ill 
in jail, to discharge such of those perspns found fit and ensure their return 
to their homes and/or their rehabilitation, even as to move out such of 
those persons requiring continued treatment and care from out of the Jails 
H to the nearest places of treatment and care. (573-A-C] 
SHEELABARSE v. U.0.1. [MOHAN,J.] 
563 
CRIMINAL ORIGINAL JURISDICTION : Writ Petition (CRL.) A 
No. 237 of 1989. 
Under Article 32 of the Constitution of India. 
S. Muralidhar for the petitioner. 
Santosh Hegde, V.C. Mahajan, D.K.
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