A bench headed by Chief Justice J S Khehar issued notice to the Union Health Ministry saying the issue figured in the concurrent list of the Constitution and hence the Centre also has the authority to frame norms.
The bench, also comprising Justices N V Ramana and D Y Chandrachud, expanded the scope of a PIL filed by advocate G K Bansal and sought responses from all states and union territories (UTs).
The PIL has raised the issue of release of about 300 persons from various mental hospitals in Uttar Pradesh, alleging they were still languishing there despite being cured of their ailments and most of them belonging to poorer sections.
"There should be a national policy which can be applied uniformly across the country," the bench said, asking the lawyer to ensure that the Centre and others are served with the court notice in the matter.
Earlier, the court had issued notices to six states on the PIL seeking release of over 300 cured persons still languishing in mental hospitals in Uttar Pradesh.
The plea also referred to responses received under RTI
with regard to the release of persons living in mental hospitals at Bareilly, Varanasi and Agra in Uttar Pradesh even after being cured.
The queries, which were posed under transparency law to Mental Health Hospital, Bareilly, Institute of Mental Health and Hospital, Agra and Mental Hospital, Varanasi, pertained to names, residential address and age of the patients who were now normal and waiting for discharge from these hospitals.
The plea had sought issuance of directions to states and others to "forthwith make arrangements to shift the patients, who are absolutely normal and are fit for discharge, from the mental hospitals to any other secure place like Old Age Homes etc.
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