*As accessed on Facebook via Ratnaboli Ray* http://www.facebook.com/notes/ratnaboli-ray/human-rights-violation-of-a-recovered-mentally-ill-person-by-state-judiciary/179597378739252?notif_t=note_tag
*Friday 07/01/2011* *ACJM ( Additional Chief Judicial Magistrate) Kakdweep South 24 Paraganas deny discharge to a recovered Mentally ill person to go home* The *Kakdweep Court* has today ruled out discharge of a young man because of his history of mental illness and his stay in Govt Mental Health facility, Lumbini Park Mental Hospital. The ACJM acted on her belief that this individual is lacking in legal capacity (!)and therefore should not be allowed to be released *Anjali : A Mental Health Rights Organization*, working in collaboration with the Department of Health & Family Welfare, Department of Municipal Affairs, Government of West Bengal offering rehabilitation and reintegration services to long stay institutionalized patients raises concerns that assumptions about people with mental health conditions were preventing them from having full access to justice. Hasan Ghalib, a young man in his thirties was caught by the Police in Kakdweep in South 24 Parganas an adjacent district town because he was found to be wandering, confused, and talking incoherently. Police produced him in court and later he was committed to Lumbini Park Mental Hospital a year back. During his stay in the hospital, his consultant psychiatrist referred him to Anjali an Ngo working for the rights of persons with mental illness for his rehabilitation and reintegration. He responded very well to the therapies offered and was fit for discharge after 6 months. To facilitate his reintegration process, Anjali’s case manager, Soumen Ghosh initiated necessary legal process. *It is to be noted here that persons who are committed through court orders can be released only through court orders. It is a practice in West Bengal, though Mental Health Act, governing care and treatment of persons with Mental illness, do not have this clause.* In the last 4 months Anjali has been rigorously following up on Hasan’s case, which takes up a full working day at a time. Eight working days were thus lost because *ACJM *would not come to her office. Another four days went to argue with the Public Prosecutor to put up Hasan’s case for hearing. PP refused to put up the case because he was a ‘pagal’(looney) and that ‘pagals’ should be kept confined inside ‘pagal khanas’. Soumen, as a strategic move, contacted the *President of Bar Council* Mr Asit Baran Pahari, who was cooperative and helped him put up the case for hearing. ACJM finally heard the case but pronounced that Hasan could only go back if his family members came to take him. His plea for release was denied not even considering that he may not want to go back to his home and may not be interested to contact them. The ACJM commented that the State Government is shirking from its responsibilities and wants to dispose off people like Hasan by colluding with NGO’s like Anjali. In answer to the next most logical question raised by Soumen to her – should then Hasan rot inside mental hospital forever – she handed Soumen over to the Police for being disrespectful to the court! *But we still have more questions*. Why a person with history of mental illness would be denied to what rightfully is her/his due? Hasan is a capable adult, why should he has to have a family around him? Does an individual have rights to live as per her/his own choice? Or is it because Hasan is a ‘recovered patient’ family plays such an important role? When will we understand that even one’s family can be the site of danger towards a person’s well being? Whether or not Hasan goes back to his native place or family should be kept at his discretion. State, Judiciary, Police, Institution or even Anjali, have nothing to do or say in this matter. We may choose to help him or keep out of his way. Why the judiciary is going beyond the basic human rights of an individual? At Anjali we think this judgment is wrong, unfounded and biased that persons with history of mental illness lack legal capacity. We strongly object to this human rights violation where a young person’s Civil- Political Rights have been taken away for no fault of his. Anjali is going to appeal in the higher court. But in the meantime would like to raise an alarm bell in the civil society to stop injustice, to stop discrimination and allow people with mental illness full access to justice. We have to ensure that the judiciary understands its responsibilities in their approach to persons with mental health conditions, so that all people have fair and proper access to justice. *Ratnaboli Ray, Founder- Anjali and Mental Health Activist* commented that this is enraging. And adding insult to injury. It is a humiliation for Hasan and understandably caused him to feel that he was being treated as a second class citizen. This denial of discharge is reflective of how our Judiciary is biased against persons with mental illness. Here Judiciary is the Violator instead of Protector. These judges need intensive training and orientation on the subject. Please Fax your Protest to: *Chief Justice, Calcutta High Court* And or to * **Dr Surya Kanta Mishra , Honourable Minister of Health and Family Welfare, GoWb* *Fax No : 033 2357 7910* *e mail ; [email protected]* *Note : ACJM: Additional Chief Judicial Magistrate; PP: Public Prosecutor; Kakdweep: A town in adjacent district of South 24 Parganas; Lumbini Park Mental Hospital – State run Mental Health Facility; Anjali : A registered voluntary organization working towards securing positive mental health for all.* *Photograph of Hasan used with his full consent* Hasan Ghalib GA: Do you think you could give us a text for the protest? Also, could you provide the relevant email ids, fax numbers? Emailing is easier than faxing. RR: We demand Hasan Ghalib be releasedfrom Lumbini Park Mental Hospital as per Mental Health Act right now. We demand training and orientation of all associated with judicial system on Mental Health. We demand judiciary to recognize full legal capacity of persons with mental illness. C, pls do a signature campaign with all your college friends demanding immediate release of Hasan Ghalib. I tried getting fax no of Chief Justice. But as of now I do not have it. Called journalists to get it for me. Dr Mishra's Fax no is 033 23577910, email id ; [email protected] KA: The hospital and the ACJM have both followed procedures which are illegal.Under Section 40 of MHA,the Medical Officer Incharge should discharge the patient, if he is fit for discharge and send a copy of the discharge order to the ACJM/CJM who had initially passed the reception order.Under the Mental Health Act,the magistrate has no authority to grant or refuse discharge.The hospital abdicated responsibility and the magistrate ruled over a non-existent jurisdiction. BS: Urgently needed action RR, when will our judicial system recognize the right of the mentally ill to be treated as any other citizen of India in the court of law?? RR: KA- Thanks very much for your comment. You have written something which should be understood by the psychiatrists here in Bengal who are 'Sarkari Naukars". I am aware of all that you have mentioned. Unfortunately,Govt psychiatrists here are forever finding ways to prevent their'''''. Anjali has continuously argued on this but their response is that if they do not procure discharge orders from the court beforehand they would be summoned on the grounds of violating court order. Yes, you are right that they want to abdicate themselves of their responsibilities. What more can we do except to read them out relevant section of the mental health act.At the end of the day they are 'Naukars' and have to protect their 'backside' read 'jobs'. This is such a lousy power game played out and Who gives them the power to take away an Individual's Civil Rights! This is precisely the reason why 'Legal capacity' is gaining so much ground in recent times. It is a long battle of words, arguments, counter arguments, protests, letters to everyone including the Minister for positive intervention. May be you can have a con call with some govt psychiatrists to understand this reality and drill some insights in their heads/ minds. They Lack Insight. This is a struggle we are ready to take on because it is our mission to do so. Alternatively, you can write to the minister in detail. That should make a difference I am sure. Regards KA: RR - you and other activists can do a lot in this situation.You can appeal to the higher court or simply request the minister to order the psychiatrist to discharge the patient if he is fit.This, the psychiatrist can do under section 40 of MHA.I have no idea why government psychiatrists of WB should cower before lower judiciary when they are on right side of law. To rectify the larger issue of illegal practice of discharge orders being required to be signed by magistrate,you could write to the health department under the RTI, asking the number of patients discharged in this manner during the last five years and give the reply to the media and/or take it to the higher court.This will immediately stop the retrograde and illegal practice. All the best.Please do keep in touch both here and on phone about developments on this front - -- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. 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