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The Supreme Court has recently passed an order dated 03.01.2019 (the Order) in the matter of Gaurav Kumar Bansal v Union of India & Ors., whereby the Apex Court held that a person suffering from any mental disability is also a human being and is entitled to be treated with dignity.

The Petitioner in this case filed the photographs of some patients suffering from mental illness who have been admitted to a mental asylum in Uttar Pradesh, wherein the patients could be seen tied with chains.

The Supreme Court further held that such an act is violative of the provisions of Section 95 of the Mental Healthcare Act, 2017, which provides for certain treatments that are prohibited from being performed on a person with mental illness including electro-convulsive therapy, chained in any manner, etc.

The Supreme Court, thereafter, held that “This is not only inhuman and violative of rights of such persons under Article 21 of the Constitution of India, as even a person suffering from mental disability is still a human being and his dignity cannot be violated”. Further, the Supreme Court allowed time to the Opposite Counsel to look into the matter until 07.01.2019.

Satyam Singh Pal

Associate

The Indian Lawyer

With

Harini Daliparthy

Senior Legal Associate

The Indian Lawyer

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