Gives Centre last chance to come up with SOP for rehabilitation
New Delhi: The Supreme Court on Monday described homeless people suffering from mental illnesses as “destitute to the extreme” and “most vulnerable”, and gave the Centre a last opportunity to come up with standard operating procedures for rehabilitating them.
A bench of Justices Vikram Nath and Sandeep Mehta made the remarks while posting a public interest litigation (PIL) matter for hearing on February 9, after the Centre’s counsel sought some time to file a reply to the plea.
“We are giving you a last opportunity to frame the SOPs and file the reply. It is a sensitive issue and all depends on the effective implementation of the SOPs. These are people who are destitute to the extreme and most vulnerable. Please file the draft SOPs on the next date of hearing,” the bench told senior advocate Nachiket Joshi, who appeared in the court on behalf of the Centre.
The lawyer informed the bench that additional solicitor general Brijender Chahar was appearing in the matter but he was indisposed and could not file the reply.
Advocate Gaurav Bansal, who is the petitioner in-person, submitted that this is the third time that the Centre has failed to file a reply to the PIL that has sought directions for the formulation and implementation of a policy for the homeless suffering from psychosocial disabilities.
“The issue pertains to homeless people who are mentally ill and roam around the streets and public places for food. They need to be rehabilitated,” Bansal said.
The court was informed by the Centre on December 19 last year that two sets of draft SOPs are being prepared for the rehabilitation of these people.
The top court had earlier asked the Centre to take the issue “very seriously”, after the government said authorities are already deliberating on the matter and meetings are being held.
Psychosocial disabilities refer to challenges people with mental health issues face due to discrimination and a lack of support, among other reasons.
The plea has sought directions for the framing and implementation of SOPs for key stakeholders, including the departments of law enforcement (police) and medical health, to ensure humane and effective handling of homeless persons with psychosocial disabilities.
It has highlighted the issues faced by such people, who, instead of being provided with appropriate care, are often subjected to neglect, social isolation and physical and sexual abuses.
“Despite existing legal and policy frameworks, including the Mental Healthcare Act, 2017, and the National Mental Health Policy, 2014, respondents have failed to operationalise the provisions intended to protect and assist homeless individuals suffering from mental illnesses,” the plea has said.
