Read Time: 05 minutes

Synopsis

The Madras High Court recently held that rehabilitation or de-addiction centres cannot be run by any individuals without obtaining a proper permission and license from the competent authorities.

The bench of Justice SM Subramaniam said that if such a centre is found running without a valid permission, the social welfare officer is bound to initiate appropriate action.

Court further emphasised that "periodical inspection of such institutions are essential in order to safeguard the public interest".

The court observed so in a plea filed by a woman seeking compensation amounting to Rs 10 lacs for the death of her husband who had been admitted to a rehabilitation centre.

After being mentally stressed, the husband of the petitioner had been admitted to one M/s.Ever Green Centre at Cithalapakkam near Medavakkam for treatment.

The petitioner paid a sum of Rs.12,000, as demanded by the centre, for providing treatment to her husband. In 2014, the father-in-law of the petitioner was informed by the said centre that the petitioner's husband was in a serious condition. By the time, the petitioner reached the hospital where her husband had been taken for treatment, he was dead and injuries and blood marks were found all over his body.

The petitioner alleged that her husband had been brutally attacked by the men and management of the centre. A case was also registered for the alleged offence under Section 304 of IPC.

Court directed the District Social Welfare Officer, Chengalpattu, to conduct an inspection of the said centre. The officer informed the court that the said centre was running in a shifted place at Pozhichalur and the officials had also found that the requisite permission and license were not obtained by the centre administration from the competent authorities under the statute and rules in force.

Taking note of the such laxity on the part of the centre as well as the local authorities, court directed the Director of the Institute of Mental Health, Kilpauk, Chennai to inspect the Green Care Rehabilitation Centre at Pozhichalur, Chennai, and initiate all appropriate actions if any lapses are identified.

"The Directorate is duty bound to conduct periodical inspection of all such centres to ensure that the centres of such private persons are being run in accordance with the law and by following the rules and regulations," court said. 

Furthermore, court directed the concerned Judicial Magistrate to commit the case lodged against the said centre to the Sessions Court, whom the court asked to dispose of the matter within a period of four months. 

Case Title: M.Syed Ali Fathima v State and Others