*9 September 2011*

*Manka Behl*

*NAGPUR *: The Nagpur bench of Bombay High Court on Wednesday directed the
police commissioner to frame a scheme for proper care and rehabilitation of
mentally challenged persons wandering on the city streets.

A division bench comprising justices Sharad Bobde and MN Gilani asked the CP
and the state government to submit a report within six weeks in this regard.
The CP was also told to set up a special cell with a nodal officer to take
custody of and admit such persons.

The court's directives came while hearing a PIL filed by lawyer Raghvendra
Joshi, praying for the directions to government to take care and treat such
persons. According to him, hundreds of such persons go unnoticed by the
government and the citizens, as a result of which they are living under
pitiable conditions. Earlier, the court had invited senior psychiatrist Dr
Salim Mujawar for assistance in the case.

The court has further asked the Nagpur University's National Social Service
(NSS) and the traffic cops to locate such persons and then report them to
the nearest police station. The police officials were further directed to
take their custody and admit them either to mental hospital, Government
Medical College (GMC) or Indira Gandhi Government Medical College (IGMC) for
treatment. In case these persons are deserted by their family members that
usually happens, the court has asked the government to watch out for their
overall rehabilitation by seeking help from various non-government
organisations (NGOs).

Taking a serious cognizance of the issue, the judges further directed the
city police to provide a special cell number to the nodal officer which
would be published in the media for creating awareness among the masses.

Government pleader Nitin Sambre said that draft for the scheme would be
prepared at the local level and suggestions invited from the public before
being sent to the government for approval.

The court, while appreciating the positive response from the NSS
co-coordinator, stated that the NSS students could also keep a vigil on such
persons in their respective areas and contact the nodal officer. The court
also stated that the traffic police deputed in various parts of the city
should also inform about such children directly to the nodal officer of the
special cell.

The petitioner contended that fundamental rights of life and equality
available under the Constitution should be extended to such mentally
challenged persons incapable of taking own care. In an attempt to improve
their lives, he had also sent a letter to Nagpur police chief but received
no response. He had also reported many such homeless persons to the police
stations at Dhantoli, Sitabuldi and Lakadganj. Pointing at provisions under
the Mental Health Act, 1987, he said the police were empowered to take such
persons under protection and produce them before the nearest judicial
magistrate who will examine them and give further directions for admission
to psychiatric hospitals or psychiatric nursing homes.

http://articles.timesofindia.indiatimes.com/2011-09-09/nagpur/30134283_1_nodal-officer-persons-special-cell

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