Disposed

Court on Its Own Motion v. the State of Tripura

Tripura HC24 Oct 2017WP(C)(PIL)/7/2015

Case brief

AI extract

What is this about?

This Court in PIL directed the State to admit a mentally ill child child, Purba Karmakar, to a specialized hospital in New Delhi, arrange security, bear medical and travel costs, and facilitate her rehabilitation in a State Foundling Home under the RPWD Act.

What did the court decide?

Direction to admit child to Delhi hospital; provide security; bear costs; shift to Foundling Home; appoint attendant; report condition.

Court on Its Own Motion Vs the State of Tripura — Tripura HC (2017) — LawSathi Research

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HIGH COURT OF TRIPURA AGARTALA WP(C)(PIL)NO.7 OF 2015

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HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR JUSTICE ARINDAM LODH

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Present:

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For the Appellant(s) : Secretary, High Court Legal Services Committee For the Respondent(s) : Mr. D. Bhattacharjee, G.A.

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: Mr. D. Bhattacharjee, G.A. Mr. S. Saha, Advocate.

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23.03.2023

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Order

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This present Public Interest Litigation (in short „PIL‟ )

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was disposed of earlier by this Court and in view of the subsequent development; the matter has been again listed.

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In view of the present condition of the child (Purba Karmakar) and after hearing the Secretary, High Court Legal Services Committee, who is the guardian of the said child and also Mr. D. Bhattacharjee, learned G.A., this Court directs the Secretary, High Court Legal Services Committee in consultation with the concerned authorities to get the child admitted in hospital either in Institute of Human Behavior and Allied Sciences, a Government Hospital or in Vidyasagar Institute of Mental Health, Neuro and Allied Sciences Delhi , a Private Hospital, at her discretion.

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In this regard, Smt. Rina Chakraborty, who is presently posted as CDPO Kakraban, ICDS Project, as well as

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Page 2 of 4

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one male security officer, shall be deputed to look after the security of the child on behalf of the State of Tripura. The Director of Social Welfare and Social Education Department, Government of Tripura shall also periodically monitor the same.

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A copy is marked to the Director of Social Welfare and Social Education Department, Government of Tripura.

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A copy is also marked to the Superintendent of Police, West Tripura, Agartala for providing a male security officer during her(child) transit from Agartala to Delhi and way back from Delhi to Agartala.

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It is needless to observe that the Superintendent of

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the said Hospital in which the said child is admitted shall also periodically report the condition of the child to the Secretary, High Court Legal Services Committee.

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Keeping in view the present status of Miss Purba Karmakar, we feel it extremely necessary to pass the following further directions:

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1. Miss Purba Karmakar has to be shifted from Modern Psychiatric Hospital, Narsingarh to “State Foundling Home” considering her mental age in the spirit of RPWD Act immediately, if she is found fit to be discharged, and considering the fact that by this order, Miss Karmakar needs immediate treatment by a specialized hospital in New Delhi.

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Page 3 of 4

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2. It is made clear that the Director, Social Welfare and Social Education Department shall arrange to and fro journey of Miss Karmakar and the officers to accompany her in terms of the above directions regarding her treatment outside the State.

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3. The treatment cost including accommodation, fooding, lodging, etc. of Miss Karmakar and accompanying staff would be borne by the Director, Social Welfare and Social Education Department. The Director, SW&SE also will engage a Liaison Officer in New Delhi to contact and to keep in touch with the concerned authorities of the hospital during her treatment in New Delhi. Further, the Director, Social Welfare and Social Education Department shall inform and take up the matter with the Chief Resident Commissioner, Tripura Bhavan, New Delhi as regards the above directions and follow it up.

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4. It is further directed that State‟s Child Welfare Society to appoint a trained female attendant or in case such attendant is not available , then a female nurse from State‟s Psychiatric Hospital in consultation with the guardian, that is, the Secretary of High Court Legal Services Committee to take adequate care to Miss Purba Karmakar on monthly salary basis, the expense of which would be borne by the Director, Social Welfare and Social Education Department, Govt. of Tripura during her rehabilitation in State Foundling Home.

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With the above observations and directions, this

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present PIL is accordingly closed. It is also open for the guardian i.e. Secretary, High Court Legal Services Committee to address the matter and seek any further directions.

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JUDGE CHIEF JUSTICE (ACTING)

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suhanjit

Court on Its Own Motion v. the State of Tripura

Case brief

What is this about?

What did the court decide?

Court on Its Own Motion v. the State of Tripura

Case brief

What is this about?

What did the court decide?

What the court decided

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