Binoo Sen v. State of West Bengal through the Principal Secretary, Department of Social Welfare
1999-07-29
MAHEMMAD HABEEB SHAMS ANSARI, Satyabrata Sinha
body1999
DigiLaw.ai
JUDGMENT : - Pursuant to our order dated 14.7.99, the Secretary, Social Welfare Department, Government of West Bengal, is present in Court today. 2. Mr. Kar Gupta, learned Counsel for the State has submitted a scheme prepared for rehabilitation of the inmates of the Home. The said scheme reads thus : "AI. Present strength as on 24.7.99 402 inmates. 2. Above 18 years 104 inmates. (M.R. 41 + Deaf & Dumb 32 + Blind 1) 74 inmates. 30 inmates normal 3. Below 18 years (Col. l-Col. 2) 298 inmates. Out of 3 above- (i) 0-6 yrs. -38 inmates. (ii) 6-15 yrs. -75 inmates. 298 inmates. (iii) •15-18 yrs. -185 inmates. 4. Out of Col. 3 above- (a) M.R./Mentally ill inmates (b) Deaf and Dumb 48 inmates. (c) Blind 5. Normal inmates 0-18 yrs. (298-48) 250 inmates. 6. Minus 113 inmates of 0-15 yrs. 137 inmates. (i.e. 250-113) 7. Eligible for training and rehabilitation (15-18 yrs. 167 inmates. 137+18 yrs. 30) B. Existing wage earning/rehabilitation/ training schemes. (i) Wages @ Rs. 800/- p.m. each including board and loading for miscellaneous work in the Home. 9 inmates. (ii) Inside wages scheme @ Rs. 9-10 p per day pet head covered under (a) Waving - 20 inmates. (b) Tailoring -15 inmates. 65 inmates. (c) Other duties in the Home-30 inmates. (d) Through N.G.O. (REACH) 5 inmates. Canteen scheme for deaf & dumb Rs. 150/- p.m. per head. 79 inmates. Each inmate has a savings account in Bank or Post Office since 90% of earnings are compulsorily deposited in this accounts. Apart from the schemes above, three NGOs are also operating within the Home working with disadvantaged segments, SEV AC offers counseling and diagonisis to M.R. & Mentally ill inmates. REACH offers some primary education to deaf and dumb inmates. SANLAAP counsels girls recovered from Red Light Areas and offers Vocational Training on Jute items and wool machine knitting: It is also proposed to involve LASW AB in work relating to legal cell in the Home. C. Eligible inmates yet to be covered by any training scheme (Col. A (7) - B=88) 88 inmates D. Literacy Profile : (a) Literate among 6-18 yrs. (b) Literate above 18 yrs. 97 inmates E. Further proposals for training and rehabilitation- (a) Leather Purse & Bag making. (b) Zari Embroidery. (c) Computers. (d) Offset printing. (e) Bakery. The Schemes at Sl. Nos.
A (7) - B=88) 88 inmates D. Literacy Profile : (a) Literate among 6-18 yrs. (b) Literate above 18 yrs. 97 inmates E. Further proposals for training and rehabilitation- (a) Leather Purse & Bag making. (b) Zari Embroidery. (c) Computers. (d) Offset printing. (e) Bakery. The Schemes at Sl. Nos. (a), (b), (c) & (d) have been included in a proposal submitted to the National Backward Classes Finance Development Corporation in March, 1999 for a training programme meant for destitute women including inmates of Govt. Homes in the State. The Scheme at Col. (e) above is being processed. F. It may be also kindly noted that there is already a roll strength of 78 mentally retarded and mentally ill inmates and a distressing trend is seen of various Judicial and Executive Magistrate's courts to comment such cases routinely to the Lilooah Home. The Home is not equipped to look after mentally ill cases and this very often adds to the problems of the Home. The Hon'ble High Court may kindly consider whether the lower courts may be directed to proceed in such cases as per the provisions of the Mental Health Act, 1987". 3. The said Scheme appears to us to be a laudable one and we call upon all concerned including the Social Welfare Department, Government of West Bengal, to implement the said Scheme in letter and spirit. We further direct the National Backward Classes Finance Development Corporation to initiate a training programme meant for destitute women who are inmates of the Govt. Home. If further appears that there are 78 mentally retarded and mentally ill inmates. Such mentally retarded and mentally ill inmates require treatment in a properly equipped hospital in terms of the provisions of the Mental Health Act, 1987. Unfortunately the said requirement of the Act is not complied' with by the court. In many cases it has been noticed that routine orders of sending of such patients to the Home are being passed. 4.
Unfortunately the said requirement of the Act is not complied' with by the court. In many cases it has been noticed that routine orders of sending of such patients to the Home are being passed. 4. We, therefore, direct that as and when the concerned officer brings it to the notice of the court concerned that the particular inmate and/ or person produced before the court suffers from mentally illness or is mentally retarded, the court concerned shall instead and place of directing their remand in the Home shall send them to such hospitals which are equipped to treat the mentally suffered patients in the light of the provision of the Mental Health Act, 1987. 5. We hope and trust, in case it is found, that such person is merely a witness to a case, the case shall be posted for hearing after a long time so that the said witness shall get proper treatment. 6. We hope and trust that the Secretary, Social Welfare Department, Govt. of West Bengal, as also Ms. Chatterjee, learned counsel for the petitioners shall visit the Home from time to time with a view to oversee the overall affairs of the aforementioned Home as also the implementation of the Scheme. 7. Liberty is given to the parties to mention the matter. 8. The writ application is disposed of with the aforementioned observation. 9. Let a plain copy of this order countersigned by the Assistant Registrar (Court) be given to the learned counsel for the parties on usual undertaking. S.B. Sinha, ACJ. : I agree. M.H.S. Ansari, J. : I agree. Writ application is disposed of.