All the 46 government-run mental healthcare institutions across the country are in "deplorable" conditions where there is an acute shortage of doctors and cured patients are being kept illegally, the National Human Rights Commission (NHRC) has found.
The "inhuman and deplorable conditions" of the mental health institutes were unravelled by the NHRC after the Full Commission visited four government hospitals in Gwalior, Agra and Ranchi and the remaining 42 by Special Rapporteurs to assess the situation on the ground.
It felt that the state governments have failed to discharge their obligations under international covenants and Mental Healthcare Act, 2017 and ensure that cured persons are regrouped with the society and family.
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"The cured patients are being kept illegally in the hospitals," the NHRC said after its visits, adding it is a "travesty" that provisions of the statute have failed to ignite the consciousness of the appropriate governments to provide adequate support to vulnerable persons who are suffering from mental illness.
The NHRC visit reports suggested that none of the institutes have taken effective and long term measures to ensure that a mentally ill person can exercise his right to community living unfettered, unchallenged and without any hindrance, it said.
"The more aggravating factor is that even after the recovery of mental illness, they are not being allowed to reunite or regrouped with the society, family for the purpose of community living which is not only unconstitutional in view of Article 21 of the Constitution but also it is a failure of the state governments to discharge the obligation under various international Covenants relating to rights of persons with disabilities which have been ratified by India," the NHRC said.
"All such patients are to be sent back to their homes/halfway homes and dealt with in accordance with in violation of the provisions of Section 19 of the Act," it added.
The NHRC said the Mental Healthcare Act has mandated that where it is not possible for mentally ill person to live with his family or relatives, or where a mentally ill person has been abandoned by his family and relatives, the appropriate government shall provide support as appropriate including legal aid and to facilitate exercise his right to live in a family home.
The visits have prompted the NHRC to seek reports from Union Health Secretary, Director General of Health Services, Chief Secretaries and Principal Secretaries (Health) in states, Directors General of Police and Police Commissioners in metropolitan cities of all states and union territories and Directors of all 46 institutions.
They will have to give reasons as to how cured patients are kept illegally in mental hospitals by curtailing their liberty.
Noting that most of the states have not formed State Mental Health Authority and State Mental Health Review Board as well as not formulated State Government Mental Health Care Rules and The State Mental Health Care Regulations, the NHRC has also asked them to provide the status of its formation.
The governments will also have to submit details of measures taken to ensure de-crowding of mental hospitals and institutes and create a conducive atmosphere for stay including proper hygiene.