NGO threatens contempt proceedings against SPs in Himachal

An NGO today expressed concern over the "apathetic" attitude of some police officers towards wandering mentally ill persons in Himachal Pradesh and threatened to file a PIL in the High Court and initiate contempt proceedings against the erring police officers.
"Some superintendents of police (SPs) are deliberately defying the High Court orders to protect the rights of mentally ill persons. They are ignoring the directions issued by the Principal Secretary (Home) and DGP for the strict compliance of the HC orders," Ajay Srivastava, chairman of Umang Foundation, told reporters here.
The NGO has launched a statewide campaign for the rescue, rehabilitation and treatment of shelter-less mentally ill persons as per the provisions of the Mental Health Act, 1987 and to ensure the compliance of the HC orders, he said.

"It is the legal responsibility of the police to take cognisance of any wandering mentally ill person, take him in custody and produce him before a magistrate, who will send the person for a mental health check-up and treatment, the expenses of which will be borne by the government," he added.
Noting that the High Court had, on June 4, 2015, directed all the SPs in the state to "strictly comply with" section 23 of the Mental Health Act, Srivastava said after launching the campaign, the NGO had written to the SPs of Sirmaur, Solan, Kullu etc. Asking for specific information on about a dozen wandering mentally ill persons.

"But, they (the SPs) simply preferred not to comply with the directions of the court," he alleged.

Srivastava said after the NGO raised the issue with the government "at the highest level", the Principal Secretary (Home) and DGP issued fresh directions to the IGs and SPs on March 17 and 20 respectively, asking them to ensure the compliance of the High Court order.
However, the ground situation remained unchanged and some SPs were "determined" not to take any action, he alleged.
The NGO has now decided to initiate contempt proceedings against the SPs of Solan, Sirmaur and Kullu, Srivastava said.

He added that the PIL would seek a fool-proof mechanism to protect the legal rights of mentally ill persons, improvement in the infrastructure of the State Mental Hospital and sensitising the police force, students and masses on the issue.
"The wandering mentally ill persons enjoy the same fundamental rights as others, but they cannot fight for the same," said Srivastava.