REENA BANERJEE & ANR. versus GOVT. OF NCT OF DELHI & ORS.
[2016] 11 S.C.R. 824, Supreme Court of India, 2016
Outcome: Disposed off
Segment: Holding
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[2016) 11 S.C.R. 824 
REENA BANERJEE & ANR. 
v. 
GOVT. OF NCT OF DELHI & ORS. 
(Civil Appeal No. 11938of2016) 
DECEMBER 08, 20 I 6 
[T. S. THAKUR, CJI AND A. M. KHANWILKAR, J.] 
Persons with Disabilities (Equal Opportunities, Protection of 
Rights and Full Participation) Act, 1995 - ss.8. 23 - Mental Health 
Act, 1987 - Writ petition before High Court highlighting the pitiable 
and pathetic condition of Asha Kiran Home (A Delhi Government 
run Home for differently abled men, women and children) - Giving 
suggestions to remedy the deficiencies - Management of the Home 
agreed to consider the suggestions - High Court directed the parties 
to convene a joint meeting and to submit a proposal about the 
reforms required in the Home - Delhi Government accordingly 
submitted a report about the action already taken and proposed to 
be taken - High Court disposed of the petition opining that the 
proposed action in the Report would improve the condition of the 
home and expressed hope that the authorities concerned would 
implement the proposed action within assured time frame - The Court 
fi1rther clarified that the Authorities may consider the suggestions 
made by the writ petitioner - Appeal before Supreme Court by the 
writ petitioner on the grounds inter alia that the Authorities had never 
fi1ljilled their commitments made before the Court in previous writ 
petitions; and that High Court should have examined the suggestions 
of the writ petitioner -
Affidavits filed by Government giving factual 
information about the action taken in fi1rtherance of the proposal 
submitted before High Court and stating that living conditions of 
the inmates of the Home had considerably improved and that medical 
care, health structure and exposure to sports had been 
strengthened - Holl'ever, the Court observed that the pitiable 
condition in Asha Kiran Home, may be true in respect of Homes in 
other parts of the country - Therefore, issued notice to all the State 
Governments and Union Territories to file their response about the 
ground reali~v prevailing in their respective States with particular 
reference to the State obligations enunciated in the 1995 Act -
Affidavits were filed by different States/Union Territories giving 
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REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
ORS. 
particulars about the prevailing position in their respective States/ 
Union Territories - Held: Considering the factual position stated 
in the latest affidavit filed by Delhi Govern111ent (which had not 
been controverted) it follows that issues agitated before the High 
Court have been substantially redressed - If there is still any 
deficiency or possibility of fi1rther improvisation, it is open to the 
writ petitioner to give suggestions to the Governing Council -
Therefore, the proceedings in respect of Asha Kiran Ho111e should 
co111e to an end - So far as Homes in other States are concerned, 
there are ample provisions in the 1995 Act and the 1987 Act and the 
Rules framed thereunder, not only for establishment of the Homes, 
but also for maintenance and conditions and facilities to be provided 
to the inmates thereof - Authorities for monitoring and supervision 
are also in place - The appropriate Government is not only required 
to establish such Homes, but also to create an environment to impart 
education to the inmates - The affidavits filed by the States/Union 
Territories disclosing the conditions prevailing in the Homes, be 
placed before the Central Co-ordination Committee established 
under 1995 Act - Affidavit of the State concerned be placed before 
the State Co-ordination Committee of the State concerned - The 
Central Committee may develop a national policy or modify the 
existing national policy,
programmes or schemes - On identifj;ing 
issues about non-implementation or non-compliance, the concerned 
State Committee can be directed by the Central Committee which 
would be binding on the State Committees - The affidavits filed 
before this Court should also be placed before the concerned State 
Committees - Six months time is granted to the Central and State 
Committees to take remedial measures and to ensure that the 
deficiencies in the respective institutions are cured within such time 
- As regards Nursing Homes and hospitals established under 1987 
Act, similar procedure can be followed by sending the affidavits to 
Central and State Authority of Mental Health Services - The 
respective Authorities shall issue necessary directions to the 
institution{5) under its jurisdiction and ensure its implementation 
within six months. 
Disposing of the appeal, the Court 
HELD: 1. Considering the factual position stated in the 
latest additional affidavit filed by the respondents, and which bas 
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not been controverted, it must follow that the issues agitated by 
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the .appellants before the Delhi High Court have been 
substantially redressed. In case there is still any subsisting 
deficiency or shortcoming or a possibility of further improvisation, 
it is always open to the appellants to give their suggestions to 
the Governing Council. The appellants are free to do so. There 
is no reason why the Governing Council will not consider those 
suggestions and act upon the same in right earnest, if the same 
are reasonable and achievable. [Para 8] [842-A-B) 
2.1 A comprehensive mechanism and dispensation is 
predicated in The Persons with Disabilities (Equal Opportunities 
Protection of Rights and Full Participation) Act, 1995 and the 
Rules framed thereunder. Besides the 1995 Act, even the Mental 
Health Act, 1987 postulates a dispensation mandating the 
appropriate Government to establish institutions for the care of 
mentally challenged persons and maintenance and management 
thereof with a view to create an equal opportunity and social 
security to them. For that, an organizational structure has been 
provided for the Central Government and Union Territories on 
the one hand and the respective State Governments on the other. 
The Authorities so created have been fastened with a duty to 
ensure that the Homes are maintained properly; and the inmates 
as well as outdoor patients are looked after properly and also to 
create equal opportunity and social security in the
matter of 
education and employment of such persons. [Para 10) [842-F-H; 
843-A] 
2.2 Besides the dispensation provided in the 1995 Act for 
the implementation of the avowed objectives of the said Act, 1987 
Act also provides for a comprehensive dispensation to fulfill the 
objectives of that Act. Under the latter Act, the Central Authority 
for Mental Health Services is established by the Central 
Government and the State Authority for Mental Health Services 
is established by the concerned State Government. [Para 13) 
[846-D-E) 
2.3 Thus, 1995Act as well as 1987 Act make ample provision 
for not only establishment of Homes for the admission, treatment 
and care of mentally ill persons but also about the maintenance 
and conditions and facilities to be provided to the inmates, to 
ensure that the Homes are properly equipped and are being run
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
ORS. 
827 
in accordance with the statutory scheme. Authorities for 
monitoring and supervision are also in place (Central Co-
ordination Committee at the top of the pyramid in so far as Homes 
established by the Central Government or permitted to be 
established by it). Similarly, for the Homes established by the 
State Government or permitted to be established by it, the State 
Co-ordination Committee is at the top of the pyramid of the 
organizational structure within the State. The provisions in the 
1987 or 1995 Act and Rules framed thereunder, clearly articulate 
the manner of providing proper conditions in Hospitals/Homes 
established under the concerned enactment and also for its 
maintenance. [Para 17] (849-F-H; 850-A] 
2.4 There are ample provisions in the 1995 Act to ensure 
proper functioning of the Homes accommodating mentally 
challenged persons. This Act, no doubt, deals with the aspirations 
of persons inflicted with disability generally. The expression 
"disability" is defined in Section 2(i) which includes mental 
retardation and mental illness. The regime for proper 
maintenance and upkeep of the Homes established under this 
Act for mentally challenged persons, would apply proprio vigore. 
The appropriate Government is not only required to establish 
such Homes but also to create an environment to impart 
education to the inmates. (Para 20] (852-B-C] 
2.5 The concerned States/Union Territories have filed
affidavit disclosing the conditions prevailing in the Homes 
established under the 1995 Act within their jurisdiction. All those 
affidavits be placed before the Central Co-ordination Committee 
established under the 1995 Act. Similarly, the affidavit of the State 
concerned be placed before the State Co-ordination Committee · 
of the concerned State. The said Authorities have ample power 
to monitor and evaluate the implementation of the programmes 
including to review and co-ordinate with the appropriate 
Government on matters relevant for improvisation of the 
conditions of the Home within the State or for introducing welfare 
measures for the inmates therein. Section 8 of 1995 Act obligates 
the Central Co-ordination Committee to review and co-ordinate 
the activities of all the Departments of the Government and other 
Governmental and non-Governmental Organizations which are 
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dealing with matters relating to persons with disabilities. The 
Central Co-ordination Committee also discharges an advisory 
role including to develop a national policy to address issues faced 
by persons with disabilities. It has to advise the Central 
Government on the formulation of policies, programmes, 
legislation and projects with respect to disability. As the factual 
position stated in the affidavits filed by the respective State/Union 
Territory before this Court will become available to the Central 
Co-ordination Committee, it will be in a better position to 
formulate a comprehensive national policy on matters relevant 
to address the issues. It may develop a national policy or modify 
the existing national policy, programmes or schemes, as may be 
required. That in turn can be implemented at the micro level. 
The recommendations to be made by the Central Co-ordination 
Committee at the micro level must ideally focus on zone wise 
necessity of the four regions of the country and in particular State 
wise requirements. Further, on identifying issues about non-
implementation or non-compliance, the concerned State Co-
ordination Committee can be directed by the Central Co-
ordination Committee in exercise of its power under Section 23 
of the 1995 Act. [Para 21] (852-F-H; 853-A-D] 
2.6 The directions issued by the Central Co-ordination 
Committee would be binding on the concerned State
Co-ordination 
Committee. In case, direction given by the State Government to 
the concerned State Co-ordination Committee is in any manner 
inconsistent with the direction given by the Central Co-ordination 
Committee, that matter must be referred to the Central 
Government for its decision, as mandated by the proviso to Clause 
(b) of Section 23 of the 1995 Act. This exercise be completed 
within a reasonable time but not later than six months. [Para 21] 
[853-G-H; 854-A-B] 
2. 7 Iii addition, the Secretary of the concerned Department 
of the respective State/Union Territory must place the affidavit 
filed in this Court before the State Co-ordination Committee of 
the concerned State, who in turn must undertake similar exercise 
of evaluation of the conditions of the local Homes and take 
remedial measures within a reasonable time but not later than 
six months. The direction so issued by the State Co-ordination 
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Committee to the local institution/Home established under the
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
ORS. 
1995 Act must be forwarded contemporaneously to the Central 
Co-ordination Committee for information so that even the Central 
Coordination Committee would be abreast of that development, 
which can be reckoned by it while issuing direction to the 
concerned State Co-ordination Committee. [Para 22] (854-B-C] 
2.8 From the legislative scheme of 1995 Act, it is amply 
clear that the State Co-ordination Committee is primarily 
responsible for ensuring compliance of the mandate regarding 
the infrastructure and other facilities to be provided in the Homes 
established under the 1995 Act and also for overseeing that the 
same are properly maintained from time to time and comply with 
the policies and programmes designed for achieving equality and 
full participation of persons with disabilities. Besides, the State 
Co-ordination Committee in the concerned State is made primarily 
responsible for ensuring that institutions which fulfill all the 
criteria alone are established and properly maintained as per the 
specified norms, the Central Co-ordination Committee is also 
equally responsible to ensure that the policies and programmes 
designed for achieving full participation of persons with 
disabilities is taken to its logical end by all the duty holders without 
any exception. [Paras 23 and 24] [854-D-E, F-G] 
2.9 Six months time frame given to the Central Co-
ordination Committee and the concerned State Co-ordination
Committee is sufficient to enable them to take necessary 
remedial measures and ensure that deficiencies in the respective 
institutions established under the 1995 Act are cured within such 
period. In addition to the issues that have come on record in the 
form of affidavit of the concerned State and also other material 
which has come on record in the present proceedings or any 
further inputs to be received by the Committee(s) and including 
after conducting inspection of the institution(s), the concerned 
Committee/Authority must take sufficient measures to remedy 
the deficiencies within the time frame of not later than six months. 
[Para 271 [855-D-E] 
2.10 The Chairperson of the State Co-ordination Committee 
shall submit compliance report not later than eight months from 
the elate of the present judgment, in the Registry of this Court 
after providing advance copy thereof to the Central Co-ordination 
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Committee. The Central Co-ordination Committee shall then 
submit State/Union Territory wise report with its comments, if 
any, within ten months in the Registry of this Court. [Para 28] 
[855-F-G] 
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2.11 In so far as hospitals and nursing homes established 
under the 1987 Act are concerned, similar procedure can be 
followed. All the affidavits/materials filed in this proceedings be 
made available to the Central Authority for Mental Health 
Services. The affidavit of the concerned State be additionally 
forwarded to the respective State Authority for Mental Health 
Services. The Central Authority for Mental Health Services shall 
cause to inspect and evaluate the conditions of the psychiatric 
hospital and psychiatric nursing home and other Mental Health 
Service Agencies under the control of the Central Government. 
Similarly, the concerned State Authority for Mental Health 
Services shall cause to inspect and evaluate the conditions of the 
psychiatric hospitals and psychiatric nursing homes and other 
Mental Health Service Agencies under the control of the State 
Government. The res1>ective Authorities shall issue necessary 
directions to the institution(s) under its jurisdiction and ensure 
its implementation not later than six months from the date of 
present judgment. A compliance report in this behalf be filed by 
the Central Authority for Mental Health Service and the State 
Authority for Mental
Health Service of the concerned State, as 
the case may be, in the Registry of this Court not later than eight 
months. [Para 29] [855-G-H; 856-A-C) 
2.12 The Secretary of the concerned Department of the 
respective State/Union Territory shall be personally responsible 
for monitoring and overseeing the progress and action taken by 
the State Authority for Mental Health Service within its State. 
Similarly, the Secretary of the Union oflndia of Health and Social 
Welfare shall be personally responsible for monitoring and 
overseeing the progress made by the Central Authority for Mental 
Health Services and compliance of the directions in re_lation to 
the establishments under the control of the Central Government. 
[~ara 30] [856-D-E] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 11938 
H 
of2016.
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
ORS. 
From the Judgment and Order dated 07.09.2012 of the High Court 
of Delhi at New Delhi in W. P. (C) No. 8229 of 2011. 
P. S. Patwalia, Ms. Pinky Anand, Maninder Singh, ASGs., 
Suryanarayana Singh, Sr. AAG, Vivek Tankha (A.C.), Colin Gonsalves, 
Sr. Advs., D. Kumanan, Sachin Pujari, Ms. Shodhika Sharma, Ms. Olivia, 
Ms. Jyoti Mendiratta, R. Balasubramanian, Amarjeet Singh, Prabhas 
Bajaj, Santosh Kumar, Akshay Amritanshu, G. S. Makkar, Raj Bahadur, 
M. K. Maroria, Ms. Saudamini Sharma, Mohan Prasad Gupta, P. K. 
Dey, D. S. Mahra, Shreekant N. Terdal, R. Bala, Guntur Prabhakar, 
Ms. Prerna Singh, C. D. Singh, Ms. Shashi Juneja, Aniruddha P. Mayee, 
A. Selvin Raja, M. Yogesh Kanna, Ms. Nithya, B. Balaji, Tapesh Kr. 
Singh, Mohd. Waquas, Aditya Pratap Singh, Pawan Upadhyay, Sarvjit 
Pratap Singh, Ms. Sharmila Upadhyay, Siddharth Bhatnagar, Sidharth 
Mohan, Nirnimesh Dube, Ms. Pragati Neekhra, Ms. Garima Bajaj, Anil 
Shrivastav, Rituraj Biswas, Ms. 1-lemantika Wahi, Ms. Jesal Wahi, 
Ms. Puja Singh, V. N. Raghupathy, Parikshit P. Angadi, Franklin Caesar 
Thomas, Chand Qureshi, M. P. Siddiqui, Ms. Aruna Mathur, Yusuf Khan, 
Avneesh Arputham, Anuradha Arputham, (for M/s. Arputham Aruna & 
Co.), G. Prakash, Jishnu M. L., Ms. Priyanka Prakash, Ms. Beena 
Prakash, Manu Srinath, Ramesh Babu M. R., Jayant Bhatt, Vi pin Kumar, 
Ms. K. Enatoli Serna, Edward Belho, Amit Kumar Singh, K. Luikang 
Michael, Sangram S. Saron, Shree Pal
Singh, V. G. Pragasam, Prabu 
Ramasubramanian, S. Udaya Kumar Sagar, Ms. Madhavi Divan, 
Ms. Nidhi Khanna, Balasubramaniam, K. V. Jagdishvaran, Ms. G. Indira, 
Gopal Singh, Manish Kumar, Ms. Varsha Poddar, Ranjan Mukherjee, 
Devendra Singh, P. V. Yogeswaran, Mrs. D. Bharathi Reddy, Vishwa 
Pal Singh, M/s. Corporate Law Group, Ms. Rajani Ohri Lal, Advs. for 
the appearing parties. 
The Judgment of the Court was delivered by 
A. M. KHANWILKAR, J. I. Leave granted. 
2. This appeal arises from the judgment of the High Court of 
Delhi at New Delhi in W.P.(c) No.8229/2011 dated 7'h September 2012. 
3. The appellants filed an intervention application in the High Court, 
in a disposed of suo moto Writ Petition (Civil) No. 5621/2012. The 
reliefs claimed in the application read thus: 
"a. For an order calling for the records of the deaths that 
have taken place in such homes and also for information 
pertaining to the intake of juveniles and those released 
since 2004-08. 
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b. For an order directing the authorities to conduct an 
impartial inquiry by constituting an independent 
committee as per the provisions of the Acts regarding 
the deaths that have taken place in observation homes 
and submitting findings to this Hon'ble Comt. 
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c. For an order directing strong action against the duty 
bearers, the concerned minister and the agencies 
working in the area of child rights who have failed to 
discharge their duties towards the children and 
prosecute the officials who are responsible for the deaths 
in various children homes. 
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d. For an order issuing directions to the authorities to ensure 
all necessary infrastructure and legal entitlements are 
provided in the homes under the Juvenile Justice 
regarding thl' rc·quirements for appropriate staffing, 
food, medical c;ir.; and hygiene. 
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e. For an order directing the Respondents to ward 
compensation to the parents/guardians of those juveniles 
who have died in various Children Homes due to lapse 
or negligence of Home Authorities. 
f. For an order constituting permanent committee consisting 
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of representatives of persons working on child rights 
and institutional care to supervise and monitor the 
functioning of the child-care institutions withinjuvenile 
justice administration system and to make periodic 
reports. 
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g. For an order requiring the Delhi Commission for 
Protection of Child Rights to produce all inquiry reports 
and
findings with respect to Asha Ki ran. 
h. For an order directing the C.B.I. to take over the 
investigation and prosecution with respect to the 
allegations as set out in this petition. 
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i. Pass such other order or orders as this Hon'ble Court 
may deem fit in the facts and circumstances of the 
case." 
4. This intervention application, however, was directed to be 
de linked from the disposed of suo moto Writ Petition and to be registered 
H as a fresh Writ Petition. Accordingly, the application was registered as
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
ORS. (A . .M. KHANWILKAR, J.] 
W.P.(Civil) No.8229/2011. The principal issue argued before the High 
Court was about the pitiable and pathetic condition of Asha Kiran Home 
(the sole Delhi Government run Home) for differently abled men, women 
and children. Asha Kiran Home comprises of six institutions within a 
complex of four buildings for mentally retarded children and adults. The 
appellants highlighted the issues such as inadequate medical treatment, 
medical services and access to Doctors, skewed ratio of staff to look 
after the inmates, overcrowding, poor distribution and consumption of 
dietary, clothing, bedding and other items and also about the abuses of 
various kinds to the mentally challenged persons residing in the said 
Home, in particular the female residents. The appellants essentially relied 
on the media reports to buttress their plea about the pathetic condition 
and the cruel treatment meted out at the hands of staff members in 
Asha Kiran. When the matter progressed before the High Court, the 
management of Asha Kiran agreed to consider the suggestions given by 
the appellants and also to chalk out a holistic action plea to remedy the 
deficiencies. They said that they were not treating the proceedings as 
an adversarial litigation. The High Court, therefore, directed the parties 
to convene a joint meeting and submit a proposal about the reforms 
required in Asha Kiran, if any. The Government of
Delhi, accordingly, 
submitted a report about the action already taken and proposed to be 
taken thereat. The High Court in the impugned decision adverted to the 
contents of the said report, which reads thus: 
"6. Mr. S.D. Salwan, learned Standing Counsel appearing 
for the Govt. of NCT of Delhi, has placed on record the 
Report on action taken/proposed to be taken, which are as 
under: 
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I) The existing Administrator has been phased out and the 
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process of appointment of a new Administrator has been 
initiated. The Government is appointing Dr. V.N. 
Agarwal, former Medical Superintendent ofDr.Ambedkar 
Hospital. He is MBBS, M.8.8.A, M.B.A, Health Care 
Administration from FMS, Delhi University and has done 
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a post graduate Certificate course in Hospital 
Administration. Dr. Agarwal, himself being a medical 
doctor and having held administrative position of one of 
the largest Government hospitals would be totally 
competent to work on improvement of essential services, 
plight of inmates, and maintenance of infrastructure and 
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day to day administrative work of Asha Kiran Home. 
The Administrator with a background of a medico shall 
be dedicated to reduce vulnerability of inmates; 
prevention ofuntimely deaths; and runningofan effective 
medical team at the institution and organize val~e added 
medical services from the competent governnienJ 
hospitals. One of the key purpose is to reduce deaths 
and increase life span of the existing inmates of Asha 
Kiran. 
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II) The Government has appr<Jved formation of a strong 
Governing Council comprising of eminent citizens and 
experts (with core competencies in techniques of holistic 
shelter and rehabilitation, gender, Human Rights and 
Socio-Economic Empowerment of the most marginalized 
sections) for the holistic and integrated development and 
improvement of management and monitoring of the Asha 
Kiran institution, as well as prompt and expeditious 
implementation of all policies and recommendations of 
Government appointed Committee and various other 
statutory institutions, such as NHRC, NCPCR, DCPCR 
etc. The process of setting up of the said Governing 
Council will take at least 2 weeks. 
III) Ms. Sreerupa Mitra Chaudhury, a prominent rehabilitation 
social worker; a Member, Central Social Welfare Board; 
Chairperson, Committee for Review ofNational Policy 
for Empowerment of Women; Chairperson, Institute for 
Gender Justice, Ex-National Advisor, National Legal 
Services
Authority; Ex-Member, Delhi Legal Services 
Authority; Ex-Chief Coordinator, Rape Crisis 
Intervention Centre of Delhi Police, Founder ofSudinalay 
Shelter Homes for Homeless and Destitute Citizens 
Living with Mental Disabilities and HIV I AIDS is being 
nominated as the Chairperson of the said Governing 
Council. She is a senior and respected representative of 
the civil society who has dedicated her life forthe rescue, 
rehabilitation, shelter and welfare of homeless citizens, 
particularly, living with acute forms of mental disabilities. 
While selecting the Chairperson of the Governing Council, 
adequate care has been taken to choose a person of
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
ORS. [A. M. KHANWILKAR, J.] 
subject knowledge, integrity, dedication, commitment and 
selfless humanitarian approach whose exposure of work 
has ranged from Civil Society to State and Cei1tral 
Government in various acclaimed capacity. The person 
who has direct, hands-on experience of rescue, shelter 
and rehabilitation of abandoned/most marginalised, poorest 
of the poor sections of citizens living with various forms 
of mental disabilities as well as vast experience of 
formulation of policy initiatives at the highest level. In 
several related matters, the Hon'ble Supreme Court and 
High Courts have appointed her as advisor and member 
of monitoring committees, technical committees, steering 
committees and empowered committees to monitor 
government policies and programs. 
JV) The Governing Council will be fully empowered to take 
decisions for improvement of the Asha Kiran Home in 
every manner and taking all issues pertaining to the 
welfare and upkeep ofresidents; their protection against 
any forms of assault/or any coercion while they are at 
this home, their health, habitat, education, living conditions, 
medical care and treatment and personal grooming and 
hygiene will be given maximum consideration. 
V) The Governing Council under the Chairperson, will take 
utmost care to de-congest the home; to rehabilitate and 
restore the residents to their homes of families, or create 
opportunities of foster care and
mainstreaming in the 
society or communities; will uphold the national and 
international policies and UN covenants petiaining the 
status of persons living with all forms of mental disabilities; 
to nurture the environment of love, care and affection 
for this section; and to re-affirm the concepts of dignity 
and human rights; to initiate all such measures which 
will ameliorate the existing pain and congestion; the typical 
sense alienation and the symptoms of marginalization; 
the said Governing Council will gather fresh energies, 
resources and friends and volunteers from the civil society 
and try to amalgamate all those to achieve a vision of an 
integrated and holistic rehabilitation shelter home for the 
most needy and marginalized. It will also initiate policy 
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f20161 II S.C.R. 
level dialogues and interdepartmental cooperation 
modules to converge benefits of various schemes of 
government and non-governmental organizations; re-write 
the policy documents, rule books and manuals to cope up 
with the cha! lenges of a modern and contemporary world 
class institution. Efforts will be made to prepare individual 
care and suppo1i sheet with micro level interventions, to 
acquire dignity for each one of the resident. The 
Governing Council will review the Budget and analyze 
the present-day requirements and accordingly place 
before the government for the rationalization. It will 
explore setting up ofa Resident Welfare Fund to augment 
and take care of the employment oppo1iunities for the 
residents. 
VI) The Governing Council shall be a decision-making body 
and its decisions shall be considered the ultimate and 
binding by the government for improvement of the 
essential services as well as the plight of the inmates. 
The Chairperson shall be competent to direct/guide/ 
control the implementation of policies and proposals and 
shall be a face and a voice of the so far neglected 
institution. The Administrator and the Superintendents 
shall be responsible to assist the Governing Council and 
the Chairperson to spearhead the proposed developmental 
activities. 
VII) The Government has approved proposed development 
of a Terms of Reference for the functioning of the 
Governing Council,
which shall be read with a mandate 
and a vision document. 
VIII) The depa1iment had already proposed appointment of 
94 House Aunties and appointments shall be made at the 
earliest. After the appointments, proper training will be 
imparted through the Panel of Expe1is whereby the newly 
inducted House Aunties shall be sensitized on issues 
pertaining to health, hygiene and medical care. The 
Governing Council will promptly act to train the staff 
members with the help of existing governmental and non-
governmental training institutions. Special attention will 
be given to integrate the voluntary groups in training
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
ORS. (A. M. KHANWILKAR, J.] 
programs. 
IX) The government has already commissioned the activity 
ofa new AshaKiran Building and the DSIIDC empanelled 
Architect, Mr. Prabhat, involved in Half Way Home 
construction have been taken on board to assist in 
formulation ofa scientific construction plan, with national 
and international rehabilitative standards. With regard 
to infrastructural development, it is proposed to shift I 00 
residents to a new location, i.e. Nirmal Chaya. The 
complex of Asha Kiran will undergo radical changes. 
Four new multistory cottages, having 3 floors, will be 
constructed. Each cottage will house I 00 residents 
thereby catering to 400 residents. Mr. Prabath, is very 
well versed and acquainted with the requirement of the 
residents of Asha Kiran will design the new cottages, in 
consultation with the Governing Council as well as the 
government appointed committee to ensure all necessary 
inputs are made available for the benefits of the home. 
It would be pertinent to state that earlier sanction has 
been given to more than 15 times of Civil and other Works. 
The sanctioned amount is about Rs. 5,50,00,000/-. This 
would need further revision as additional floors are being 
added in the four new cottages. Several rounds of 
presentations and meetings have already taken place in 
the last one year, to create an integrated and holistic space 
for cluster homes and apartments for the beneficiaries
of Asha Kiran. 
X) The list submitted by Applicants contains names of private 
psychiatrists. Since, Dr. Nimesh Desai (Director, 
IHBAS, the statutory regulatory institution for all forms 
of mental disabilities) and Ms. Sreerupa Mitra Chaudhury 
(a mental health activist and expert) are already part of 
the Government appointed committee, some more 
psychiatrists on board, is unnecessary inclusion. 
XI) The women and child health specialists from nearby 
Government hospitals are visiting the institution on regular 
basis; therefore, adding names of some more is not 
required. 
XII) The government has instructed the Governing Council 
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SUPREME COURT REPORTS 
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to constitute an Advisory Expert Group Panel for regular 
advice, academic assistance, technical and knowledge 
support and for creation of voluntary training 
opportunities at the il)stitution and to makethem part of 
a new action plan that shall be formulated soon by the 
Governing Council. Thematter will be referred to the 
Advisory panel of experts', which would also include the 
first four persons suggested by the 'petitioners, viz. Ms. 
Radhika Alkazi, Merry Barna, G Shyamala and Shanti 
. , 
Aulak. The Advisory panel of experts will provide 
., technical advice and shall be knowledge partners of the 
Governing Council. The Governing Council shall be 
authorized to expand or empanel more and more experts 
of proven expertise from various fields tci add value. 
Xlll) Segregation of border line and mild cases from 
moderate severe and profound category cases shall be· 
done on war footing. ·Efforts will be made to absorb the 
·Border and Mild category cases in the main stream by 
sending them to regular schools, NGO Institutions and 
incase ofadults, they wlJI be employed as 'peer mentor' 
· to work upon the other residents. Remuneration would 
be given to shch "peer mentors" at par with the.policy 
under NREGA or any such scheme. Bank :!ccounts of 
such mild to moderate residents will be opened whertjn 
their salary-shall be deposited, for their use and benefit. 
XIV) The Government is
strengthening staff members by 
providing'spec'ial training, workshops and sensitizing them 
F 
with all issues pertaining to the different categories of 
residents (4 categories).·· 
G 
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XV) The Government will prepare a curricuhim or co-opt 
an already existing curriculum to train the House Aunties 
and Staff of Asha Kiran and forth is, the Advisory Panel's 
advise and technical input, in-house training and also 
developing administrative acumen shali be taken. With is 
exercise, the house aunties as well as the other staff will 
get sensitized {o every aspect of care to be provided to 
the residents. The advisory Panel will develop the 
~u:riculum/conten.t for the technical course proposed for 
prdfessional qualification of all house aunties and other 
' 
. ' 
'· 
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·"-
:, 
--
.-.:::_ 
......... . 
.--._ 
REENA BANERJEE & ANR._v. GOVT. OF NCT OF DELHI & 
·, 
ORS. [A; M. -KHANWILKAR, J.] 
--..:·· 
. 
staff of Asha Kir~n home •. The ,'Sahyogi' program of 
'-.-.:_ the National Trust, suitably modified by. the Advisory 
Panel, will be implemented forthe new as well as existing 
ho"lise aunties;. · 
• ' 
· 
· 
·. ,.,,,:, 
. ·:· 
XVI) the department is contemplating ~ revised salary . 
. structure with guarantee. of.minimum wages .to the . 
personnels employed at Asha Kiran the unpaid .dues or. 
the Staff shall be settled within 4-6 weeks. . . 
· 
·· 
' 
XVII) The neighbouring g~vernme~t hospitals- are peing 
attached to Asha Klran for providing ongoing medical 
--
care in case the medical care centre situated within the 
.......... 
. 
.· 
.. 
•,. 
'·. 
' 
complexis unable to cater to the ailment.The teai:n of· 
psychiatrists, pediatricians, gynecologists and. general , 
physicians from these hospitals will pay regularand 
routine duties for the' care of the residents. The entire 
heaith record wiH b~ digit~lized for easy r~ferenc~ in .. 
case of any emergency. 
-~ • 
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. 
' 
' 
-' 
' 
" 
' . ' 
XVJII)The Department is contemplating engagement of . · 
special educators for occasi~nal training and consultatLo~. 
· XJX) With regard to inspection/supervision: an inspedii9~-. 
· ·-· 
committee constituted under the Sei:tion35 of the J.J.Act 
--
!o\as wen as the committee uriderthe DCPCR and NCPCR' .. 
·<are at liberty to perform
the statutory obligations and 
·. · ·. their reports<shallbe taken by' the department of social· 
-- . wdfare as wenas'the·s!affof,ASha Kiran in the right· .. 
""> direction.' .The Goveniinenthas also iequ·~sted the Govt ... · 
·appointed Committee and will can upi>ri the Governing • 
. Council to undertake/conduct surprise visits to-the _ . 
. . institution on odd hours 'and record the. activities and . 
·_.· statemeriis of inmat~s .• · -; ;-:.\ 
·. 
. 
.·· 
'• · 
. XX) Forproper su..Veillance l\nd prevention of any imto\yard . 
. ·:incident, ·ccTV system is bei!ig ;'in-stalled at important 
839, 
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_plac~~::/:. ·: /.,:<··.··.•\ .. · •. ~ .·. , .. ·•.·:<• .. 
XXI) 26 ne\vJoill:tS are under construction in the home and. 
, · 
.·.. 
they'sl1~11 be:.niad~ fun~tionai· byJo:os;lo 12: :.:I'he · .. · .· 
, ',: .• requiiemeni ofthe additional ~oi_lets' ~v~s' considered by ... 
. , 
· 
, the depaf!ment in June-Jul)' 7Ql ! and th_: sarrie have been 
;4uJy': im1Jlemente~; Jn· so .far a~· renpvation of existing 
. H 
·,.·::·-~--~:· 
~-~ 
,.._· 
....... 
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SUPREME COURT REPORTS 
[2016) 11 S.C.R. 
infrastructure is concerned, including toilets, the process 
was initiated in December 2010 and an amount of Rs. 
2.50 crores has been spent. 
XXII) The government is contemplating to make Asha Kiran 
Home an autonomous body with a highly effective 
Governing Council. The appointment of the governing 
council at this stage by the government with Ms. Sreerupa 
Mitra Chaudhury as the Chairperson is a step in the right 
direction. 
XXIII) The chairperson, backed by the Governing Council 
and the Advisory Groups shall take decisions related to 
amendments in policy of admission of new cases; and 
re-location of the existing or new residents depending on 
their merit, criterion, requirements etc.; as well as 
restoration, re-integration, mainstreaming and 
rehabilitation. A policy will be developed to assist the 
homeless, people of the street and the poorest of the 
poor who have no income. Consultative meetings and 
inter-departmental dialogues shall be held to make space 
for the poor and the most deserving. Maximum focus 
will be laid on the access to the most marginalized. In 
this connection, fresh intake modalities and rule books 
shall be amended." 
S. After adverting to the commitment made by the State 
Government in the aforesaid report, the High Court opined that the 
proposed action would go a long way in improving the condition of Asha 
Kiran Home. On that basis, the High Court disposed of the
matter by 
expressing a hope that the Authorities concerned will implement the 
proposed action within assured time frame. As regards the suggestions 
given by the appellants in respect of the proposed action, the High Court 
clarified that the Government Authorities may consider the same. 
6. The appellants, however, have approached this Court by way 
of present appeal under Article 136 of the Constitution of India. The 
principal grievance of the appellants is that the High Court ought not to 
have mechanically accepted the suggestions given by the State 
Government in toto; and more particularly because the past experience 
shows that the Authorities had never fulfilled their commitments made 
before the High Court in previous Writ Petitions. Further, there was an
• 
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
ORS. [A. M. KHANWILKAR, J.] 
imminent need to drastically improve the condition of Asha Kiran for 
mentally challenged persons, keeping in mind the suggestions given by 
the appellants before the High Court. The High Court ought to have 
examined the suggestions presented in writing by the appellants. Besides 
the appellants, by way of rejoinder affidavit filed in this Court, have 
disputed the correctness of the factual position about the condition of 
Asha Kiran Home. 
7. The respondents 1 to 7 (State Government) have filed affidavit 
in this Court on J 91h April, 2014, disclosing the factual information about 
the action taken in furtherance of the proposal submitted to the Delhi 
High Court and assured to take measures to provide better facilities to 
the inmates and of improving the condition of Asha Kiran Home. The 
respondents I to 7 then filed additional affidavit sworn in August 20 IS, 
giving information about the action taken for improving the conditions in 
Asha Kiran Home and also having provided better facilities to the inmates. 
The said affidavit also explains the aspects noted in the report submitted 
by the Senior Advocate on 26th August 20 IS, regarding the present status 
in Asha Kiran Home for mentally challenged persons. The additional 
affidavit, inter alia highlights the extent of improvisation ofinfrastructure, 
the living conditions of the inmates in the Home including about the 
programmes
undertaken for providing social security to the inmates. It 
is stated that the new activities introduced by the Management have 
expanded the opportunities and exposure to the inmates in relation to 
new trades and training programmes. The affidavit also deals with the 
issues noted by this Court in its order dated I O•h February 20 IS and 261h 
March 2015, in particular. The thrust of the latest affidavit of the 
respondents is that the living conditions of the inmates in the Home has 
considerably improved including of providing new facilities and 
opportunities to them. Similarly, the medical care and health structure as 
well as exposure to games and sports has been strengthened. It is stated 
that the activities undertaken by the Home under the guidance and 
supervision of the Governing Council has been acclaimed even by the 
media. Further more, Asha Kiran ha;; become the first Government 
Institution in the welfare sector in Delhi, to be awarded ISO 9001: 2008 
for Quality Management in September 2014. The new initiatives taken 
by the Governing Council have been appreciated by one and all. 
Significantly, the factual position stated in this affidavit has not been 
countered. 
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SUPREME COURT REPORTS 
[2016] 11 S.C.R. 
8. Considering the factual position stated in this latest additional 
affidavit and which has not been controverted, it must follow that the 
issues agitated by the appellants before the Delhi High Court have been 
substantially redressed. In case there is still any subsisting deficiency or 
shortcoming or~ possibility of further improvisation, it is always open t{> 
the appellants to give tbeir suggestions to the Governing Council. The 
appellants are free to do so .. There is no reason why the Governing 
Council will not consider those suggestions and act upon the same'in 
right earnest, ifthe same are reasonable and achievable. This proceeding 
should come to an end on this note. 
' 
9. However, th is Court vide order dated 26"' March 2015 had 
observed that the pitiable condition as obtained in Asha Ki ran, in relation 
to which the matter had travelled to the Delhi High Court may be true in 
respect of Homes in other parts of the country. The Court, therefore, 
issued notice to all the State Governments and Union Territories and 
directed them to file their response about the ground reality prevailing in 
their respective State with particular reference to the State obligations 
enunciated in The Persons with Disabilities (Equal Opportunities, 
Protection of Rights and Full Participation) Act, 1995 (hereinafter referred 
to as the 1995 Act). Jn response to the notice, in all 18 affidavits have 
been
filed by different States/Union Territories giving particulars about 
the prevailing position in their respective State/Union Territory. 
10. Having given our anxious consideration to those affidavits, 
we are of the view that analyzing the affidavit of each State/Union 
Territory would be a cumbersome exercise, if not entail in entering upon 
a roving enquiry. Be that as it may, we are of the view that a 
comprehensive mechanism and dispensation is predicated ih ,the 1995 
Act and the Rules framed thereunder. Besides the 1995 Act, even the 
Mental Health Act, 1987 (hereinafter referred to as the 1987 Act) 
postulates a dispensation mandating the appropriate Government to 
establish institutions for the care of mentally challenged persons and 
maintenance and management thereof wjth a view to create an equal 
opportunity and social security to them. For that, an organizational 
structure has been provided for the Central Government and Union 
Territories on the one hand and the respective State Governments on 
the other. The Authorities so created have been fastened with a duty to 
ensure that the Homes are maintained properly; and the inmates as well 
as outdoor patients are looked after properly and also to create equal
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
843 
ORS. [A. M. KHANWILKAR, J.] 
opportunity and social security in the matter of education and employment 
of such persons. To wit, Section 3 of the 1995 Act mandates that the 
Central Government shall constitute a body to be known as Central 
Coordination Committee to exercise the powers conferred on it and to 
perform the functions assigned to it under the Act. The functions of the 
A 
said Committee are delineated in Section 8 of the Act, which not only 
B 
require it\to develop a national policy to address issues faced by the\\ 
persons with disabilities but also to review and coordinate the activit~es 
ofall the Departments otGpvernment and other Governmental and 11\lh-
Governmental Organisat\ons which are dealing with matters relating to 
persons with disabilities. The Central Coordination Committee is made 
responsible to oversee and monitor the functioning of the Central 
Executive Committee constituted by the Central Government under 
Section 9 and to perform the functions assigned to it under the Act. On , 
similar pattern, under Chapter lll, the State Coordination Committ~e is ' 
constituted by the State Government to exercise the powers confe~e~ 
on it and to perform the functions assigned to it under the Act. \he 
functions of the State Coordination Committee are more or less identic,al 
to the functions of the Central Coordination Committee which, however 
is confined to review and monitoring the situatiol\
within the State. Sec~on 
c 
D 
19 of the Act mandates that the State Government shall constitute\111 
committee to be known as the State Executive Committee to perforrt\ 
the functions assigned to it under the Act. The functions of the State\, 
E 
Executive Committee are similar to that of the Central Executive 
Committee but operate only within that State and in respect of Homes 
established by the State Government or permitted by the State Government 
for the benefit of persons with disabilities. Besides creating the vertical 
organizational structure at the Centre and State level respectively, the 
1995 Act also delineates the functions of the respective Authority. As 
regards the Apex Coordination Committee - be it at the Central or State 
level - the Committee is expected to serve as the focal point on disability 
matters and facilitate the continuous evaluation of a comprehensive policy 
towards solving the problems faced by persons with disabilities. Besides 
this gen~ral obligation, the specific functions of the Central Coordination 
,Committee are as follows: 
"8. Functions of the Central .Co-ordination 
Committee:-
(1) .•• 1 ••••••••• 
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r20l6l 11 S.C.R. 
(2) In particular and without prejudice to the generality of 
the foregoing, the Central Co-ordination Committee may 
perform all or any of the following functions, namely:-
( a) review and coordinate the activities of all the 
Departments of Government and other Governmental and 
non-Governmental Organizations which are dealing with 
matters relating to persons with disabilities; 
(b) develop a national policy to address issues faced by 
persons with disabilities; 
(c) advise the Central Government on the formulation of 
policies, programmes, legislation and projects with respect 
to disability; 
(d) take up the cause of persons with disabilities with the 
concerned authorities and the international organizations 
with a view to provide for schemes and projects for the 
disabled in the national plans and other programmers and 
policies evolved by the international agencies; 
(e) review in consultation with the donor agencies their 
funding policies from the perspective of their impact on 
persons with disabilities; 
(f) take such other steps ensure barrier-free environment 
in public places, work-places, public utilities, schools and 
other institutions; 
(g) monitor and evaluate the impact of policies and 
programmes designed for achieving equality and full 
participation of persons with disabilities; 
(h) to perform such other functions as may be prescribed 
by the Central Government." 
11. The functions of
the State Coordination Committee are also to 
G 
serve as the State focal point on disability matters and to facilitate the 
continuous evaluation of a comprehensive policy towards solving the 
problems faced by persons with disabilities. Besides this general 
obligation, the State Coordination Committee is expected to discharge 
the following functions : 
H
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
845 
ORS. [A. M. KHANWILKAR, J .] 
"18. Functions of the State Co-ordination Committee-
A 
(I) 
................. 
(2) In particular and without prejudice to the generality of 
the foregoing function the State Co-ordination Committee 
may, within the State perform all or any of the following 
functions, namely:-
( a) review and coordinate the activities of all the 
Departments of Government and other Governmental and 
non-Governmental Organizations which are dealing with 
matters relating to persons with disabilities; 
(b) develop a State policy to address issues faced by persons 
with disabilities; 
(c) advise the State Government on the formulation of 
policies, programmes, legislation and projects with respect 
to disability; 
(d) review in consultation with the donor agencies, their 
funding policies from the perspective of their impact on 
persons with disabilities; 
(e) take such other steps to ensure barrier-free environment 
B 
c 
D 
in public places, work places, public utilities, schools and 
E 
other institutions; 
(f) monitor and evaluate the impact of policies and 
programmes designed for achieving equality and full 
participation of persons with disabilities; 
(g) to perform such other functions as may be prescribed 
by the State Government." 
12. The functions of the Central Executive Committee in terms of 
Section I 0 of 1995 Act, is to carry out the decisions of the Central 
Coordination Committee as its
Executive Body; and also to perform 
such other functions as may be delegated to it by the Central Coordination 
Committee. Section 12 of the Act enables the Central Executive 
Committee to associate with itself any person in such manner for such 
purposes as may be prescribed by the Central Government, whose 
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SUPREME COURT R;f:PORTS 
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r2016] 11 S.C.R. 
assistance or advice it may desire to obtain in performing any of its 
functions under the Act. A person associated with the Central Executive 
Committee shall have the right to take part in the discussions of the 
Central Executive Committee relevant to that purpose, but shall not have 
a right to vote at a ·meeting of the said committee, and shall not be a 
member for any other purpose. Similar dispensation is predicated in 
respect of State Executive Committee, \"hich has to function as the 
Executive Body of the State Coordinatilln Committee and is responsible 
to carry out the decisions of the State Coordination Committee and to 
perform such other functions as may be delegated to it by the State 
Coordination Committee. Even the State Execut{ve CO{nmittee can 
associat~ any person whos~ assistance or advice m.a~ be' req~ired !n 
perform mg any of the functions of the State Executive Committee, m 
terms of Section 22 of the 1995 Act. 
13. Besides the dispensation provided in the 1995 Act for the 
implementation of the avowed objectives of the said Act, we find that 
the 1987 Act also provides for a comprehensive dispensation to fulfill 
the objectives of that Act. Under the latter Act, the Central Authority for 
Mental Health Services is established by the Central Government and 
the State Authority for Mental Health Services is established by the 
concerned State Government. The
expression "Mental Health Services" 
has been defined in the Explanation to Section 3 of 1987 Act. The functions 
of this Authority have been delineated in Sub-section (3) of Section 3 of 
the Act reads thus:-
" 3. Central Authority For Mental Health Services. -
(1) .............................................. . 
F 
(2) .............................................. . 
G 
H 
(3) The Authority established under sub-section (I) shall -
(a) be in charge of regulation, development, direction and 
co-ordination with respect to Mental Health Services under 
the Central Government and all other matters which, under 
this Act, are the concern of the Central Government or any 
officer or authority subordinate to the Central Government. 
(b) supervise the psychiatric hospitals and psychiatric nursing 
homes and other Mental Health Service Agencies (including 
places in which mentally ill persons may be kept or detained) 
\ 
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' 
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
847 ' ' 
ORS. [A. M. KHANWILKAR, J.] 
' 
under the control of the Central Government; 
A 
(c) advise the Central Government on all matters relating 
to mental health; and 
(d) di~charge such other functions with respect to matters 
relatin~ to mental health as the Central Government may 
B 
require. 
Explanation.- For the purposes of this section and section 
4, "Mental HeaJth Services" includ~, in addition to 
psychiatric_ hospitals and psychiatric nursing homes, 
' 
observation· wards, day-care centers, in patient treatment 
in general·hospitals, ambulatory treatment facilities and other 
c 
', 
facilities, convalescent homes and half-way-homes for 
menta~ly ill persons." 
' 
As regards the State Authority, Section 4 of the 1987 Act reads 
thus: 
"4. State Authority For Mental Health Services. -
D\ 
(I) ........ \ .. · ....... 
(2) .............. .>.' . 
(3) The Authority established under sub-sectiqn ( 1) shall -
\ 
E 
'\ 
(a) be in charge ofregulation, development and co-ordination 
with respect to Mental Health Services under the State 
Government and all other matters which, under this Act, 
\ ' 
the concern of the state Government or any officer or 
authority subordinate to the State Government; 
\ 
F 
(b) supervise the psychiatric hospitals and psychiatric nursing 
homes and other Mental health Service Agencies (including 
places in which mentally iHpersons may be kept dr'detained 
under the control of the
State Government: 
(c) advise the State Government on all matters relating to 
mental health ; and 
G 
( d) discharge such other functions with respect to matters 
relating to mental health as the State Government may 
require." 
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r20l61 l l S.C.R. 
14. Section 5 of the 1987 Act obligates the Central Government 
or the State Government as the case may be, to establish or maintain 
psychiatric hospitals and psychiatric nursing homes for the admission, 
treatment and care of mentally ill persons at such places as it thinks fit 
within the limits ofitsjurisdiction. Section 5 reads thus: 
"5. Establishment or maintenance of psychiatric 
hospitals and psychiatric nursing homes. - (I) The 
Central Government may, in any part oflndia, or the state 
government may, within the limits of its jurisdiction, 
established or maintain psychiatric hospitals or psychiatric 
nursing homes for the admission, treatment and care of 
mentally ill persons at such places as it thinks fit; and separate 
psychiatric hospitals and psychiatric nursing homes may be 
established or maintained for, -
(a) those who are under the age of sixteen years; 
(b) those who are addicted to alcohol or other drugs which 
lead to behavioural changes in a persons ; 
( c) those who have been convicted of any offence; and 
(d) those belonging to such other class or category of 
persons as may be prescribed . 
(2) Where a psychiatric hospital or psychiatric nursing home 
is established or maintained by the Central Government, 
any reference in this Act to the State Government shall, in 
relation to such hospital or nursing home, be construed as a 
reference to the Central Government." 
15. Section
IO of the 1987 Act postulates that every psychiatric 
hospital and psychiatric nursing home shall be maintained in such manner 
and subject to such conditions as may be prescribed. The manner and 
conditions of maintaining psychiatric hospital and psychiatric nursing home 
has been spelt out in Rule 20 framed under the said Act. The same 
reads thus: 
"20. Manner and conditions of maintaining psychiatric 
hospital or psychiatric nursing homes.- Every 
psychiatric hospital or nursing home shall be maintained 
subject to the condition that,-
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
849 
ORS. [A. M. KHANWJLKAR, J.] 
(A) such hospital or nursing home is located only in an area 
A 
approved by the local authority; 
(8) such hospital or nursing home is located in a building 
constructed with the approval of the local authority; 
(C) the building, where such hospital or nursing home is 
situated, has sufficient ventilation and is free from any 
pollution which may be detrimental to the patients admitted 
in such hospital or nursing home; 
(D) such hospital or nursing home has enough beds to 
accommodate the patients; 
(E) the nurses and other staff employed in such hospital or 
nursing home are duly qualified and competent to handle 
the work assigned to them; 
(F) the supervising officer-in-charge of such hospital or 
nursing home is a person duly qualified having a post-
graduate qualification in psychiatry recognized by the 
Medical Council oflndia." 
-
16. Section 13 of the 1987 Act cnvisages that an Inspecting Officer 
may, at any time, enter and inspect any psychiatric hospital or psychiatric 
nursing home and require the production of any records, which are 
required to be kept in accordance with the Rules made in this behalf, for 
inspection. 
17. Suffice it to observe that the 1995 Act as well as 1987 Act 
make ample provision for not only establishment of Homes for the 
admission, treatment and care of mentally ill persons but also about the 
maintenance and conditions and facilities to be provided
to the inmates, 
to ensure that the Homes are properly equipped and are being run in 
accordance with the statutory scheme. Authorities for monitoring and 
supervision are also in place (Central Coordination Committee at the top 
of the pyramid in so far as Homes established by the Central Government 
or permitted to be established by it). Similarly, forthe Homes established 
by the State Government or permitted to be established by it, the State 
Coordination Committee is at the top of the pyramid of the organizational 
structure within the State. The provisions in the 1987 or 1995 Act and 
Rules framed thereunder, clearly articulate the manner of providing 
proper conditions in Hospitals/Homes established under the concerned 
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SUPREME COURT REPORTS 
[2016] II S.C.R. 
~ enactment and also for its maintenance. 
8 
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18. In that, Chapter V of 1987 Act provides for inspection, 
discharge, leave ofabsence and removal of mentally iltperso;;s. Chapter 
VII stipulates the liability to meet the cost of maintenance of mentally ill 
persons detained in psychiatric hospital or psychiatric nursing home. 
Chapter Vfll mandates that mentally ill persons to be treated with dignity 
and protection of their human rights. Chapter IX of 1987 Act provides 
for penaltie~and procedure. Section 82 provides for penalty for, " 
establishment or maintenance of psychiatric hospital or psychiatric nursing · 
home in contravention of Chapter III. Section 85 is a gen er-al provision 
for punishment of other offences. Section 94 is a Rule making power of 
the Central Government and State Government. Amongst others, it is 
open to make Rules with regard to the following matters: 
"94. Power of Central Government and State 
Government to make rules. -
(I) The Central Govemmerit may, by 11otification, make rules 
. providing for the qualifications of persons who may be 
appointed as Mental Health Authority under section 3 and 
the terms and conditions sll!?ject to whiEh they may be_ 
appointed und.er tliat section and all other matters relating 
to such authority. "-
(2) Subject to the provisions of sub-section (1 ), the State 
Government, with the previous approval of the Central 
G'Ovemment
may, by notification,_make rules for carrying 
out the provisions of this Act: 
· 
Provided that the first rules shall be made by the Central 
Government by notification. 
"-
(3) Jn particular, and without prejudice to the generality of 
the foregoing power;-r!Jles made under sub-section (2) may 
provide for all or any of the following maters, namely:-
'-- (a) the qualifications of persons who may be appointed as 
Mental Health Authority and the terms and conditions 
subject to which they may be appointed under section 4 
· and all other matters relating to such authority; 
(b) the class or category of persons for whom sepamte
\ 
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
851 
ORS. [A. M. KHANWlLKAR, J.J 
\ 
.. psychiatric hospitals !l{ld psychiatric nursing homes may be 
established and maintained under clause ( d) of sub-section 
( 1) of section 5; 
(c) ............... · ........ . 
'· 
(d) ................... · ... . 
(e) ...................... . 
(f) the minimum facilities referred to in the proviso to sub-
' 
section ( 5) of section 9 including, -
' 
. 
(i) psychiatrist-patient ratio; 
(ii) other medical or para-medical staff; 
(iii) space requirement; 
(iv) treatment facilities; and 
(iv). equipment: 
(g) the manner in which and the conditions subject to which 
a psychiatric hospital or psychiatric nursing home shall be 
maintained under section 1 O; 
(h) ........ ; ......... ;. 
A 
B 
c 
D 
(i)~he manner in which records sh~I be maintai;;ed under 
E 
sub-section (l) of section 13. 
U) the facilities to )>e provided under section 14. of the 
treatment of a mentally ill person as an out-patient; 
(k)~ ; ................ . 
.(I) the qualification of persons who may be appointed as 
Vi,sitors and the terms and conditions on which they may 
be appointed, under section 3 7 and their functions; 
(m) ................. ·. 
. 
' 
'""' 
(n) any other matter which is required to be, or may be, 
prescribed." 
" 
19. We have already adverted to Rule. 20 of the Rules of 1990 · 
F 
G 
' 
providing for the manner of maintenance of psychiatric hospit~d.,_ 
psychiatric nursing home. Besides that
provision, it may be useful to 
·. 
. 
' 
H 
"'
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c 
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SUPREME COURT REPORTS 
f20161 11 S.C.R. 
refer to Chapter V of the same Rules of 1990, providing for minimum 
facilities for treatment of patients in the psychiatric hospital and psychiatric 
nursing home. 
20. Reverting to the 1995 Act, there are ample provisions in this 
Act to ensure proper functioning of the Homes accommodating mentally 
challenged persons. This Act, no doubt, deals with the aspirations of 
persons inflicted with disability generally. The expression "disability" is 
defined in Section 2(i) which includes mental retardation and mental 
illness. The regime for proper maintenance and upkeep of the Homes 
established under this Act for mentally challenged persons, would apply 
proprio vigore. The appropriate Government is not only required to 
establisl1 such Homes but also to create an environment to impart 
education to the inmates as predicated in Chapter V of the said Act and 
also opportunities of employment for the inmates in terms of Chapter 
VI. Chapter VII of the 1995 Act deals with affirmative action and Chapter 
Vlll stipulates measures for non-discrimination. Chapter IX of the Act 
obligates the appropriate Government and Local Authorities to promote 
and sponsor research on matters referred to therein. Chapter XI provides 
for establishment ofan institution for persons with severe disabilities by 
the appropriate Government. The Chief Commissioner and the 
Commissioners For Persons with Disabilities are required to
be appointed 
for overseeing the stated matters including regarding the conditions of 
nursing Homes for mentally ill persons. 
21. As the attention of this Court was invited to issues concerning 
institutions established under the 1995 Act in different states, we would 
first deal with such institutions. The concerned States/Union Territories 
have filed affidavit disclosing the conditions prevailing in the Homes 
established under the 1995 Act within their jurisdiction. All those affidavits 
be placed before the Central Coordination Committee established under 
the 1995 Act. Similarly, the affidavit of the State concerned be placed 
before the State Coordination Committee of the concerned State. The 
said Authorities have ample power to monitor and evaluate the 
implementation of the programmes including to review and coordinate 
with the appropriate Government on matters relevant for improvisation 
of the conditions of the Home within the State or for introducing welfare 
measures for the inmates therein. Section 8 of 1995 Act obligates the 
Central Coordination Committee to review and coordinate the activities 
of all the Departments of the Government and other Governmental and
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
ORS. [A. M. KHANWILKAR, J.) 
non-Governmental Organizations which are dealing with matters relating 
to persons with disabilities. The Central Coordination Committee also 
discharges an advisory role including to develop a national policy to 
address issues faced by persons with disabilities. It has to advise the 
Central Government on the formulation of policies, programmes, 
legislation and projects with respect to disability. As the factual position 
stated in the affidavits filed by the respective State/Union Territory before 
this Court will become available to the Central Coordination Committee, 
it will be in a better position to formulate a comprehensive national 
policy on matters relevant to address the issues. 
It may develop a 
national policy or modify the existing national policy, programmes or 
schemes, as may be required. That in tum can be implemented at the 
micro level. The recommendations to be made by the Central Coordination 
Committee at the micro level must ideally focus on zone wise necessity 
of the four regions of the country and in particular State wise 
requirements. Further, on identifying issues about non-implementation 
or non-compliance, the concerned State Coordination Committee can 
be directed by the Central Coordination Committee in exercise of its 
power under Section 23 of the 1995 Act. Section 23 of the 1995 Act 
reads thus: 
"23. Power to give directions. - In the performance of 
its
functions underthisAct,-
(a) the Central Co-ordination Committee shall be bound by 
such directions in writing, as the Central Government may 
give to it; and (b) the State Co-ordination Committee shall 
be bound by such directions in writing, as the Central Co-
ordination Committee or the State Government may give to 
it 
Provided that where a direction given by the State 
Government is inconsistent with any direction given by the 
Central Co-ordination Committee, the matter shall be 
referred to the Central Government for its decision''. 
Thus, direction issued by the Central Coordination Committee 
would be binding on the concerned State Coordination Committee. In 
case, direction given by the State Government to the concerned State 
Coordination Committee is in any manner inconsistent with the direction 
given by the Central Coordination Committee, that matter must be referred 
853 
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854 
SUPREME COURT REPORTS 
[2016] 11 S.C.R. 
A 
to the Central Government for its decision, as mandated by the proviso 
to Clause (b) of Section 23 of the 1995 Act. This exercise be completed 
within a reasonable time but not later than six months. 
22. In addition, the Secretary of the concerned Department of the 
respective State/Union Territory must place the affidavit filed in this 
B 
Court before the State Coordination Committee of the concerned State, 
who in turn must undertake similar exercise of evaluation of the conditions 
of the local Homes and take remedial measures within a reasonable . 
time but not later than six months. The direction so issued by the State 
Coordination Committee to the local institution/Home established under 
c 
D 
E 
F 
the 1995 Act must be forwarded contemporaneously to the Central 
Coordination Committee for information so that even the Central 
Coordination Committee would be abreast of that development, which 
can be reckoned by it while issuing direction to the concerned State 
Coordination Committee. 
23. From the legislative scheme of 1995 Act, it is amply clear that 
the State Coordination Committee is primarily responsible for ensuring 
compliance of the mandate regarding the infrastructure and other facilities 
to be provided in the Homes established under the 1995 Act and also for 
overseeing that the same are properly maintained from time to time and 
comply with the policies and programmes designed for achieving equality
and full participation of persons with disabilities. The provisions of the 
1995 Act provide for checks and balances for which hierarchy of 
Authorities have been created to ensure that persons with disabilities 
are provided with opportunity of full participation and equality in the 
region. That being the obligation of the State, must be implemented 
through these Authorities. 
24. Besides the State Coordination Committee in the concerned 
State is made primarily responsible for ensuring that institutions which 
fulfill all the criteria alone are established and properly maintained as per 
the specified norms, the Central Coordination Committee is also equally 
responsible to ensure that the policies and programmes designed for 
G 
achieving full participation of persons with disabilities is taken tq its logical 
end by all the duty holders without any exception. It is for that reason, 
the Central Coordination Committee is fastened with the function of 
review and coordination of activities of all the Departments of the 
Government and other Governmental and non-Governmental 
H 
Organisations which are dealing with matters relating to persons with
REENA BANERJEE & ANR. v. GOVT. OF NCT OF DELHI & 
ORS. [A. M. KHANWJLKAR, J.] 
disabilities; and including bestowed with the power to issue directions in 
terms of Section 23 of the Act - which are binding on the State 
Coordination Committee. Failure to comply with such directions must be 
taken serious note of by the concerned State Government. 
25. Further, the Secretary of the Union oflndia, Ministry of Health 
and Social Welfare shall be personally responsible for monitoring and 
overseeing the progress and action taken by the Central Coordination 
Committee in respect of establishments registered under the 1995 Act 
and under the control of the Central Government. 
26. The Authorities may explore the possibility of using IT 
Technology for capturing and retrieving real time information about the 
conditions of concerned institution, which will facilitate the Authority to 
closely monitor the conditions of the concerned hospital/Home and the 
facilities made available to the inmates. 
27. In our opinion, six months time frame given to the Central 
Coordination Committee and the concerned State Coordination 
Committee is sufficient to enable them to take necessary remedial 
measures and ensure that deficiencies in the respective institutions 
established under the 1995 Act are cured within such period. In addition 
to the issues that have come on record in the form of affidavit of the 
concerned State and also other material which has come on record 
in the present
proceedings or any further inputs to be received by the 
Committee(s) and including after conducting inspection of the 
institution(s), the concerned Committee/Authority must take sufficient 
measures to remedy the deficiencies within the time frame of not later 
than six months. 
28. The Chairperson of the State Coordination Committee shall 
submit compliance report not later than eight months from today in the 
Registry of this Court after providing advance copy thereof to the Central 
Coordination Committee. The Central Coordination Committee shall then 
submit State/Union Territory wise report with its comments, if any, within 
ten months in the Registry of this Court. 
29. In so far as hospitals and nursing homes established under the 
1987 Act, similar procedure can be followed. All the affidavits/materials 
filed in this proceedings be made available to the Central Authority for 
Mental Health Services. The affidavit of the concerned State be 
additionally forwarded to the respective State Authority for Mental Health 
855 
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856 
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SUPREME COURT REPORTS 
f2016] 11 S.C.R. 
Services. The Central Authority for Mental Health Services shall cause 
to inspect and evaluate the conditions of the psychiatric hospital and 
psychiatric nursing home and other Mental Health Service Agencies 
under the control of the Central Government. Similarly, the concerned 
State Authority for Mental Health Services shall cause to inspect and 
evaluate the conditions of the psychiatric hospitals and psychiatric nursing 
homes and other Mental Health Service Agencies under the control of 
the State Government. The respective Authorities shall issue necessary 
directions to the institution(s) under its jurisdiction and ensure its 
implementation not later than six months from today. A compliance report 
in this behalf be filed by the Central Authority for Mental Health Service 
and the State Authority for Mental Health Service of the concerned 
State, as the case may be, in the Registry of this Court not later than 
eight months from today. 
30. We make it clear that the Secretary of the concerned 
Department of the respective State/Union Territory shall be personally 
responsible for monitoring and overseeing the progress and action taken 
by the State Authority for Mental Health Service within its State. Similarly, 
the Secretary of the Union of India of Health and Social Welfare shall 
be personally responsible for monitoring and overseeing the progress 
made by the Central Authority for Mental Health
Services and compliance 
of the directions in relation to the establishments under the control of the 
Central Government. 
3 1. The Appeal is disposed of in the above terms with no order as 
to costs. 
Kalpana K. Tripathy 
Appeal disposed of.