The
cruel treatment of “persons with mental illness” took
a cruel turn in India when 25 persons kept in chains in a private
asylum situated near a religious shrine were burnt alive in
August 2001. The Supreme Court suo motu and issued notice to
the State governments asking them to explain how “persons
with mental illness” were housed in other than licensed
institutions. The court also required the states to provide
information on the state of mental health services in their
States. The court appointed two senior advocates as amicus
to assist the court in its consideration of the matter. A major
point of controversy in the court related to the establishment
of mental hospitals with the Union of India contending that
it was opposed to establishing institutions and the court on
the advice of the amicus requiring the same
Around
the same time a patient organization through the private psychiatrist
who provided service filed a petition in public interest which
amongst other things challenged the administration of unmodified
electro- convulsive therapy and the use of “persons with
mental illness” for purposes of research with the consent
of their parent /guardian. This petition has resulted in interventions
being filed by the official psychiatrist society stressing
that a ban on unmodified ECT would deny poor patients of state
of art treatment and how a number of patients for medical reasons
could not be administered modified ECT. Both these matters
have been clubbed by the court and are being considered along
with some interventions filed by family groups.
It
is in these matters that Bapu Trust has filed an intervention
on the contention that this matter cannot be considered without
hearing the users and survivors. That Bapu has users and survivors
both on its Board and in its employ also that we are members
of the World Network of Users and Survivors of Psychiatry.
We have also impressed upon the Court the relevance of the
UN Convention on the matter in hand. The petition has been
filed by Amita Dhanda founder trustee as petitioner in person
in order that we could present our viewpoint to the court without
the mediation of a lawyer.
The court has allowed the intervention and fixed the matter for
hearing in the third week of February before which Bapu is required
to make its submissions on the user / survivor experience and
the deliberations on the Convention to the Court.
At
the time of posting this news item, the hearing has been adjourned
to the month of September.
For
further details,
Contact amitadhanda@rediffmail.com
