August 3, 2006

Subject :        Rehabilitation of mentally ill/retarded persons presently lodged in LGBR Institute                        of Mental Health, Tezpur (Assam) and other Government Mental Hospitals.

Madam/Sir,

Legal Assistance Forum, Delhi, an NGO working in the field of legal assistance to the underprivileged sections of the society, has made a week long programme in the State of Assam from 19th to 24th June 2006. During the programme, the Forum in association with the Assam Legal Services Authority organized three Lok Adalats in the Central Jails of Jorhat, Tezpur and Naogaon on 20th , 22nd and 23rd June 2006 respectively. The Lok Adalats were conducted in the presence of Hon’ble Justice P.G.Agarwal, and Hon’ble Justice A.H.Saikia, sitting Judges of the Hon’ble Gauhati High Court. Many cases were settled in these Lok Adalatas. Apart from the Lok Adalats the Forum Members also visited the LGBR Institute of Mental Health, Tezpur and Juvenile Observation Home, Jorhat.

                       During visit to LGBR Institute of Mental Health, Tezpur (Assam) on 19th June, 2006, it was found that 51 inmates have been staying in the Institute even after they have been virtually cured of their ailments as nobody has come forward to take them back despite best efforts by the Institute to locate and approach their relatives. One such case is of Kanailal Chakraborty who is in the Institute for more than 51 years. It was observed that request by the Institute to various police stations to locate the relatives of the patients are not taken with due seriousness by the police. It is the responsibility of the State, as a social welfare country, to take care of such persons who have been abandoned by their own kith and kin and left at the mercy of the Institute in utter disregard to their social and legal obligations. Details of these 51 persons is enclosed.

It was also seen that both mentally ill patients and mentally retarded persons are lodged together; though it is desirable to have separate Centers for mentally ill patients and mentally retarded persons.

District and Sessions Judge, Sonitpur, Tezpur has also sent a report dated 22.6.2006 to the Registrar General , Gauhati High Court with regard to discussion between Mr. Justice P.G.Agarwal and the officials of LGBR Institute of Mental Health, Tezpur and various suggestions that emerged during the discussion. The report shows that one of the main problem is regarding locating the relatives of the mentally ill patients after they become fit for discharge and rehabilitation of such persons. A copy of the report dated 22.6.2006 is enclosed.

The members of the Forum during their visit to Juvenile Observation Home, Jorhat (Assam) on 21st June 2006 found that three inmates (namely Rakesh, Ramesh and Raju all in their 20s) who are mentally retarded are living there for long time. These young persons were refused to be taken at the LGBR Institute of Mental Health, Tezpur as the said Institute was not meant for such persons. The Juvenile Observation Home has no facilities for taking care of mentally retarded boys; however they were kept there on humanitarian grounds as there is no other alternative place for them.

There are 32 Government Mental Hospitals in the country in which a total number of more than 3600 persons are lodged for more than one year. Out of which 1123 number of persons are staying for more than 15 years. The reason for large number of persons staying for long periods in such hospitals is primarily due to their abandonedment by the family members. A detailed chart showing the number of inmates in different Government Mental Hospitals and the period of their stay is enclosed.

In view of the aforesaid observations made by the Forum, it is requested that this Hon’ble Commission may take up the matter and issue appropriate directions to the Central Government as well as the State Governments in the following regards:

1. Care cum Rehabilitation Centers be set up by the Government for mentally ill patients who have been cured and have been abandoned by their families instead of keeping them in the Mental Hospitals. Such Centers may be set up by the Government itself or in association with some Non Government Organisation, so that such persons are not confined within the walls of the mental hospital and they can integrate with the society.
2. Independent Care cum Rehabilitation Centers must be set up by the Government for mentally retarded persons. Such Centers may be set up by the Government itself or in association with some Non Government Organisation.
3. Appropriate direction may be issued to the police authorities to locate the relatives of the patients. In case local police is not able to locate the relatives of the patients, a report must be sent to the Director General of Police and also to the Human Rights Commission regarding the efforts made by the police in this regard.

[VIJAY HANSARIA]
President