(Made by F.M. IBRAHIM KALIFULLA,J.) Subsequent to our orders dated 14.10.2009 and 19.10.2009, when this writ petition was taken up for hearing, the learned Advocate General placed before us a Government Order in G.O.(D).No.1123, Health and Family Welfare (EAP 1/2) Department, dated 15.10.2009, as well as a D.O. letter dated 29.10.2009, which emanated from the office of the Principal Secretary to Government, Health and Family Welfare Department, to the Director of Medical Education, Chennai, with a copy to the Director of Institute of Mental Health, Chennai-10.
2. We find from the above referred to Government Order that the Government has fairly come forward to respond to the orders of this Court with certain amount of seriousness and compassion while constituting a Nodal Agency for the Institute of Mental Health (in short 'IMH'). As many as eight members with the Principal Secretary to Government, Health and Family Welfare Department, as Chairperson, have been appointed in order to monitor the health care services of the IMH, Chennai, by meeting once in a month. The D.O. letter of the Principal Secretary to Government disclose that every possible step is being taken for the sanctioning of the required sum to undertake the repair works of the IMH premises for providing better hygiene to the inmates and also provision of sufficient number of cots and mattresses. Learned Advocate General, who is taking keen interest for implementing our directions, also stated before us that as against provision of 1800 cots, immediate steps have been taken to provide 700 cots with equal number of mattresses to be supplied to the IMH. Learned Advocate General also stated that in the present juncture, the space available at IMH would enable the authorities to conveniently locate 700 cots and that in course of time, the State would also provide additional funds for supply of the remaining required cots and mattresses by releasing the required funds. A sum of Rs.88.33 lakhs for carrying out the repair works and maintenance of bathrooms and toilets with proper sewage and drainage works, is stated to have already been released by the State Government.
3. While appreciating the promptness with which the State Government has reacted to the directions of this Court, after hearing the learned counsel for the writ petitioners, we are of the considered opinion that along with the members, who have been appointed under G.O.(D).No.1123, dated 15.10.2009, two more members, who are Specialists in Mental Health, can also be added for the effective working of the Nodal Agency. With that view, we direct the State Government to include Dr.R.Thara, SCARF and Dr.Lakshmi Vijayakumar, SNEHA, as members of the Nodal Agency, who will also be governed by the directives contained in G.O.(D).No.1123, dated 15.10.2009 and be part of the said Team.
4. We also perused the affidavit of the first petitioner dated 19.10.2009 as well as the additional counter affidavit filed on behalf of the IMH dated 30.10.2009. In the additional counter affidavit dated 30.10.2009, which inter alia contains various programmes to be carried out and implemented for the improvement of the IMH, certain specific points to be attended to by the Task Force has been set out, which has now come into effect under G.O.(D).No.1123, dated 15.10.2009. On a perusal of the various points mentioned both in the affidavit of the petitioner dated 19.10.2009 as well as the additional counter affidavit dated 30.10.2009, we are convinced that the terms of reference mentioned in the additional counter affidavit dated 30.10.2009 in paragraph 10 would be sufficient for the Nodal Agency to keep in mind while holding their meetings and review the working of the IMH, where the State Government has come forward to improve the IMH both infrastructurewise as well as the implementation of the health scheme to be provided to the inmates of IMH. The points of reference thus mentioned in Paragraph 10 of the additional counter affidavit, dated 30.10.2009, shall form part of this order for the Nodal Agency to act while holding their meetings and monitoring the affairs of the IMH. We only wish to add, as directed in our order dated 14.10.2009, the State Government shall also improve and maintain the nutritious diet to be provided to the inmates of IMH by improving the quality of the grocery, vegetables, etc. and also increase the quantum of the dietary allowance from Rs.20/- to Rs.40/- per person per day by sanctioning necessary additional funds. Similarly, the State Government shall also pass appropriate orders for providing required provisions for medication in sufficient quantity in order to ensure that there is no short fall in providing the required medicines and consequently, there is no disruption in providing the treatment to the inmates of IMH.
5. As far as the working of the Nodal Agency is concerned, we feel that having regard to the extensive exercise carried out by Professor R.Srinivasa Moorthy, who submitted a detailed report about the condition of the IMH, which enabled this Court to pass subsequent orders, which also helped the State Government to come with the issuance of the present Government Order and other orders, we wish to state that it will be in order for the Nodal Agency to seek the guidance of Professor R.Srinivasa Moorthy as and when they require any assistance to support their monitoring operation of the IMH.
6. Our orders dated 14.10.2009 and 19.10.2009 shall also form part of this order. In order to put into effective action, we only direct the Nodal Agency to commence its monitoring operation by calling for a meeting before the end of this month. We also wish to place on record our deep appreciation of the unstinted efforts taken by the learned Advocate General along with the able assistance of The Director of Institute of Mental Health, but for whose sincere efforts, the various steps for improvement of IMH would not have been possible.
7. With these directions, we dispose of this writ petition and it is open to the writ petitioners as well as the respondents to approach this Court for any further direction in future. No costs. Consequently, M.P.Nos.1 to 3 of 2009 are closed.
ATR To
1. The Secretary State of Tamil Nadu Department of Health and Family Welfare Secretariat, Fort St. George Chennai 600 009.
2. The Director Institute of Mental Health Medavakkam Tank Road Kilpauk, Chennai 600 010.
3. The Chairman State Authority for Mental Health Services Secretary, Department of Health and Family Welfare Secretariat, Fort St. George Chennai 600 009.
4. The Chairperson National Human Rights Commission Faridkot House, Copernicus Marg New Delhi 110 001