IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9314 of 2009 In The Matter of Inmates of Women Remand Home, Gai Ghat, Alamganj, P.O.-Patna City, District-Patna. Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Secretary, Welfare Department, Government of Bihar, Patna 3. The District Magistrate, Patna, District-Patna 4. Chairperson, Child Welfare Committee, Bihar With CR. W.J.C. No. 988 of 2008 Santosh Chandra Kumar 9-Kha, Goshaintola, P.O.- Patliputra Colony, Patna Versus 1. The State of Bihar 2. District Magistrate, Patna 3. Superintendent of Remand Home, Gaighat, Patna. --------- 25. 06.07.2011 “By an order dated 1.7.2011 we appointed Smt. Nivedita Nirvikar to inspect the Mental Asylum and visit and submit a report. Report has been received. The inspection report is very thoroughly given which is being reproduced herein below. “In pursuance of the order dated 1.7.2011 passed by this Hon’ble Court an inspection was carried out in Bihar Institute of Mental Health & Allied Sciences (BIMHANS), Koilwar on 3.7.2011 at 9.30 A.M. Dr. Jagdish, Deputy Director, Health Services, Government of Bihar, Patna rendered his assistance. The main gate of the Institute was found open without any gatekeeper. I entered into the premises without any obstruction and not even a single staff was found present in the whole hospital premises. Upon the information given by the Deputy Director, after a gap of 15 minutes at about 9.45 A.M. one gentleman arrived and disclosed his name as Shree Nand Kishore Thakur 2 working as a clerk in the hospital. AT 10.00 A.M. Mr. Ganesh Prasad Singh came and disclosed himself to be Medical Record Assistant working on a outsource. It was informed that institute was spread over an area of 128 acres and Dr. and Nurses Quarters are also in the vicinity of administrative building. At the entrance of administrative building/display board was found which shows OPD timing between 9.00A.M. to 1.30 P.M, Lunch interval between 1.30 to 3.00 P.M. and Emergency Services between 3.00 P.M. to 5.00 P.M. Display Board also shows the emergency services to be available on Sunday. However, no one was present in entire Hospital premises. Telephone number 06182-282710 printed on the notice board was found to be temporarily disconnected. From the Display Board it appeared that three psychiatric namely Dr. Kailash Prasad Sharma, Dr. Jayesh Ranjan and Dr. Nagendra Chaubey and two physician- Dr. Surendra Prasad Chaudhary and Dr. Purnima Ratan are posted. Chambers of Director Dr. Upendra Paswan and Superintendent was found to be close. There were altogether 36 rooms and 85 beds, 35 for women patients and 50 for men patients it appeared that maximum number of rooms are even not opened on regular basis. There was the facility of EEG Test and Occupational Therapy but without any operator. Some persons we seen in the campus and on enquiry it was found that they had come for the treatment of their son Santosh Kumar Mishra son of Baban Mishra, resident of Durgadih, Vikramganj. Some patients were also waiting for the medicines. The Attendance register was shown by Shree Ganesh Prasad Singh, Medical Record Assistant and it appeared that none of the doctors marked their attendance in the Month of July except Dr. Purnima Ranjan whose presence was marked on 1st and 2nd July of 2011. On 3 29-6-11 altogether 44 patients were examined in the OPD. Signature of Dr. Surendra Prasad Chaudhary as a physician was not found. On 26-6-2011 also nobody was found to be present as no signature was found in the Attendance Register inspite of the fact that an emergency services are provided on Sundays. Registration Register shows that 13 patients were examined on 1-7- 2011 and 11 patients were examined on 2-7-2011. In view of the Supplementary Counter affidavit filed on behalf of the Director in Chief, Health Services dated 15.10.2009 it was stated that the Institution for treatment of mentally challenged patient has been established and it would start functioning in full- fledged manner within 6 months. The number of staff were also mentioned as a team of five doctors were deputed for the outdoor service of the Hospital. Some other staffs such as 6 A.N.M. 3 clerks, 1 stenographer, 1 X-ray Technician, 2 peons, 1 Cook, 10 Room Helper, 5 Sweepers (Male), 5 Sweepers (Female) were posted as paramedical staffs. We leave the premises at 10.30 A.M. towards Patna for inspection at Women Remand Home, Gaighat, Patna”. INSPECTION AT WOMEN REMAND HOME, GAIGHAT, PATNA. “Pursuant to the order dated 1- 7-2011 passed by this Hon’ble Court an inspection was also carried out in Women Remand Home, Gaighat, Patna on 3-7- 2011 at 12.30 P.M. The Assistant Director, Social Welfare rendered his assistance in course of inspection. The Attendance Register as well as the Entry Register were produced before us by the Superintendent of the Home and it was found that as on 3-1- 2011, total number of inmates shown is 130 including 6 children and all the 130 inmates were found present in the premises. Out of 130 inmates, 25 were mentally challenged, 14 were missing 4 from their near and dear, 6 were concerned with Juvenile Justice Board. A large number of girls (79 inmates) along with 3 children were living in the Remand Home in connection with different police cases. It was found that there are all together 18 sanctioned posts out of which 7 post were found to be vacant. 3 female workers namely (1) Baby Devi, (2) Kusum Devi and (3) Sunita Devi were found cooking in the kitchen. All the 3 Mess Servants were engaged as daily wagers. All though only two post of Mess Servant is sanctioned which are vacant, the kitchen as well as the Mess was immaculately clean. Some of the inmates such as Pinki Kumari, Puja Kumari, Gudiya Kumari complained about poor breakfast. However, quality of food for the lunch and dinner was said to be satisfactory. All the Doctors namely Dr. Kiran kumar and Dr. (Smt.) Pushpa Lal, Dr. Narendra Kumar and Dr. Sanjita Rani were found present in the Remand Home. A Health Educator, Mayashankar Prasad and 2 A.N.M. namely, Smt. Shanti Devi and Smt. Sanyukta Devi were also found present. It was found that 25 mentally challenged inmates were residing in a separate building in the same premises. However, there physical and mental appearance shows that immediate specialized treatment was required. On inspection it appeared that out of 3 sanctioned posts only 2 teachers were working such as Smt. Anita Kumari and Smt. Kanchan Sinha are deputed in the Home as a Teachers. Smt. Kanchan Sinha is also to be over burdened with the responsibility of the librarian. In the next adjacent room some of the inmates were stitching the cloths on the stitching machine. The superintendent of the Home informed that the same was done by way of vocational courses. I entered into the barrack and found the floors, bedsheets, pardas, etc. to be neat and clean. On each floor a 5 coloured television was arranged for entertainment of inmates and the same were found to be in working condition. The facility for invertor was seen however the Superintendent informed that fans were not connected with the Invertor and Generator is required for non-stop supply of electricity. Toilets were found to be clean. Prima facie the arrangements and the conditions of the inmates were seen to be satisfactory. A jeep was found parked in the campus bearing Registration No. T.R. 936 for the utilization of the Home. It was informed by the Superintendent that because of the availability of only one jeep at some point of time difficulty arises in transportation of inmates. It was complained by some of the inmates that age determination are not carried out timely which compelles them lying in the Remand Home. Superintendent explained that there is no latches on the part of Remand Home as Civil Surgeon and Doctors of the P.M.C.H does not cooperate at utmost priority in the age determination process. It is submitted that in this connection Special Direction of the Hon’ble Court is required as there is a lathes on the part of the Executive Authorities. From Inspection it appeared that 7 posts are vacant which is required to be filled up at the earliest. 1 post of Deputy Superintendent, 1 post of Clerk- cum- Storekeeper, 1 post of Teacher, 2 post of Matron and 2 post of Sweeper are vacant. It appears to me that atleast 3 posts of Matron are required. One Metron for each floor of the home. It transpired that there is a capacity of residing of 140 inmates. However, due to non-release of inmates. Home at times gets over crowded. It appeared that Rupees 900 per month is allotted for each inmates to provide them meal which may be enhanced as money inflation is rise in everyday. Rs. 500 per year is allocated to provide vocational course to per inmates which also requires enhancement. 6 However, on the totality the status of the inmates in the home found to be satisfactory”. The State Government is directed to comply the suggestions made in the report within a period of six months failing which it is open for the petitioner to draw contempt proceeding. The petition is disposed off. It is further directed that the State Government within the aforesaid period shall constitute the Juvenile Justice Boards. It is further directed that the Girls which are in the Remand Home and have attained the age of majority shall be produced before the Magistrate and the Magistrate after recording their statement, shall pass appropriate order in accordance with law on the statement made by the girl concerned. If required, the age shall also be determined by the aforesaid period. Anand Kr. ( Prakash Chandra Verma, J.) (Ahsanuddin Amanullah, J.)