Chaining mentally ill atrocious & inhuman, says SC
New Delhi, Jan 3: Chaining of mentally ill people cannot be allowed, the Supreme Court said Thursday while terming as "atrocious" and "inhuman" such conduct in a faith-based mental asylum in Uttar Pradesh.
A bench comprising Justices A.K Sikri and S Abdul Nazeer said that chaining people with mental illness was violative of their rights under Article 21 of the Constitution, which deals with life and personal liberty, and their dignity cannot be compromised.
It made the observations while hearing a public interest litigation (PIL) filed by advocate Gaurav Kumar Bansal who has said that persons with mental illness were chained in a faith-based mental asylum in Budaun district of Uttar Pradesh in violation of provisions of the Mental Health Care Act 2017.
The court perused the photographs of the patients who had been chained and said it was a matter of great concern.
"These are mentally challenged persons. You (petitioner) have placed the photographs and they all are chained. It is atrocious," the bench observed, adding that "something has to be done immediately for these poor people".
The court asked the petitioner to call a law officer of the Centre so that appropriate interim orders could be passed.
Later, when Solicitor General Tushar Mehta appeared in the matter, the bench asked him to see the photographs annexed with the petition.
"How this can be done?," the bench asked Mehta, who said it was inhuman that these persons were chained.
"In a case where a patient may be violent, even that does not mean that he will be chained. It cannot be allowed," the bench said.
Mehta told the court that he would seek instructions in the matter after which the bench fixed it for hearing on January 7.
The bench issued notices to the Centre, all states and Union Territories on the petition which has claimed that non-implementation of provisions of the Act by the states and UTs was a gross violation of life and liberty of the citizens.
The court asked Mehta to look into the issue raised by the petitioner with seriousness saying it required immediate attention.
"This (chaining a person) is not only inhuman but also violative of the rights of such persons under Article 21 of the Constitution as a person suffering from mental disability is still a human being and his dignity cannot be compromised," the bench said.
The court also noted the submissions of petitioner that chaining a person suffering from mental illness was against the provisions of the Act.
In his PIL, the petitioner has said that chaining a person suffering from mental illness was a blatant violation of a provision of the 2017 Act which says that every such person shall not only have a right to live with dignity but he or she shall be protected from cruel, inhuman and degrading treatment.
He has also sought a direction to Uttar Pradesh government to not only unchain these persons but also to provide mental health care treatment to them at the earliest.
Referring to the National Mental Health Survey 2016, he has claimed that around 14 per cent of India's population requires active mental health interventions and around 2 per cent Indians were suffering from severe mental disorders.
He has also sought a direction to all the states and UTs to start a programme to provide mental health care and treatment to persons with mental illness placed near or inside faith-based mental asylums.
Besides these, the PIL has sought direction to states and UTs to establish state mental health authority as also a fund as per the provisions of the Act.
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Putin meets Iran's FM Araghchi, says Russia ready to do its best to help bring peace to West Asia
Moscow (PTI): Iran's Foreign Minister Abbas Araghchi on Monday met Russian President Vladimir Putin, who hailed the Iranian people for fighting bravely and heroically for their sovereignty and said Moscow is ready to do its best to help bring peace to West Asia as soon as possible.
Araghchi, who held talks with Omani and Pakistani leadership before arriving in Russia, met Putin in St. Petersburg and thanked him for supporting Iran, state-owned TASS news agency reported.
"Russia is ready to do everything in its power to ensure that peace in the Middle East is achieved as soon as possible," Putin said during his meeting with Araghchi, which was also attended by Russian Foreign Minister Sergey Lavrov.
Revealing that he received a message from Iranian Supreme Leader Mojtaba Khamenei last week, Putin asked Araghchi to convey his "gratitude for this message and best wishes for his health and well-being."
He praised the Iranian people for fighting "bravely and heroically" for their sovereignty, Iran's state-run PRESS TV reported.
"We really hope that, based on the courage and desire for independence, the Iranian people, under the guidance of the new leader, will weather this difficult period of trials and peace will come,” Putin said.
He also stressed that Russia “intends to maintain” its strategic relations with Iran.
Araghchi said that the world witnessed Iran’s strength in countering the US during the recent war, and that the Islamic Republic is a "stable and powerful establishment."
"With their courage, the Iranian people succeeded in resisting the US aggression and will be able to endure it,” he said.
He said that it became clear that Iran has “great friends and allies” like Russia, and conveyed “warmest greetings” from Supreme Leader Mojtaba Khamenei and President Masoud Pezeshkian to the Russian leader.
Araghchi said relations between Moscow and Tehran represent a “strategic partnership at the highest level” and will continue to develop "regardless of circumstances."
"We are grateful to you for the solid and strong positions in support of the Islamic Republic of Iran," he said.
Foreign Minister Lavrov said that the talks between President Putin and the Iranian Foreign Minister were "useful and constructive."
Kremlin Spokesman Dmitry Peskov later said that Russia is "ready to provide any good offices, any mediation services that are acceptable to the parties."
"We will be ready to do everything so that ultimately peace ensues, guaranteed peace, and that there is no return to hostilities," Peskov was quoted as saying by TASS.
He was asked how Moscow can assist in future negotiations on the Iranian settlement.
Araghchi arrived in Russia after his whirlwind trip to Islamabad, which, according to him, was “very productive” and involved “good consultations" with Pakistan's Army Chief Field Marshal Asim Munir, amid uncertainty over the second round of peace talks to resolve the war in West Asia.
"We held good consultations with our friends in Pakistan. The trip was successful. We assessed the outcome of our recent (meetings) and discussed in what direction and under what conditions talks can move on,” Araghchi said in a video posted on his Telegram channel upon his arrival in St Petersburg.
Referring to the second round of talks between the US and Iran to resolve the conflict in West Asia, Araghchi said: "Developments have taken place in the negotiations."
"Despite some progress in earlier rounds, the talks failed to reach their objectives due to the Americans' approach, the excessive demands they made, and the wrong approaches they adopted. Therefore, it was necessary to consult with our friends in Pakistan to review the latest situation,” Iran's official news agency IRNA quoted him as saying.
He said that the trip to Pakistan was a good opportunity to review developments related to the US-Israeli war against Iran, expressing confidence that “these consultations and coordination between the two countries will be highly significant.”
Araghchi arrived at St. Petersburg's Pulkovo Airport early Monday, where he was welcomed by Russian officials and Iran’s ambassador to Russia, Kazem Jalali, the report said.
The first round of peace talks between Iran and the US, held on April 11 and 12, failed to bring the desired result for the parties to the conflict.
The Iranian minister arrived in Islamabad for the second time on Sunday after a short visit to Oman, where he held talks with Sultan Haitham bin Tariq al-Said on security in the Strait of Hormuz and diplomatic efforts to end the Iran-US conflict.
After Araghchi left Pakistan for Oman on Saturday, President Donald Trump announced that US negotiators Steve Witkoff and Jared Kushner would no longer be going to Islamabad for talks with Iran, contending that Washington held all the cards on the matter.
Trump on Sunday reiterated that the US and Iranian officials can talk by phone for a peace solution to the conflict.
On Tuesday, Trump extended the two-week ceasefire with Iran indefinitely to give Tehran more time to prepare a unified proposal to end the war, just hours before the truce was set to expire.
The war began when the US and Israel jointly attacked Iran on February 28, killing Iranian Supreme Leader Ayatollah Ali Khamenei and several top commanders. The retaliation by the Islamic Republic extended the war to the entire Gulf region.
