The Madras High Court in TR Ramanathan v. Tamil Nadu State Mental Health Authority and another emphasized the right to dignity of the mentally disabled persons. It observed that they have the right to get the assessment done at their residence to obtain a disability certificate under the Rights of Persons with Disabilities Act, 2006.
The Bench also observed that "The assessment process must be as simple as possible. It must not cause any difficulty or trauma or even the least burden to the individual concerned. I take judicial notice of the fact that bringing such persons to a congested place like the Government Hospital would trigger considerable stress and anxiety to them. One does not know what can trigger panic and anxiety. There are children who seeing an ordinary balloon will go berserk".
Keeping this in mind, it further added that the assessment should be allowed to be done in the comfort of their homes and "authorities shall not insist that a person suffering from mental retardation/ mental illness should be physically present on the premises of the certifying institution".
The Bench also referred to Article 41 of the Constitution which says that the State shall, within the limits of its economic capacity and development, make effective provision for securing the right to public assistance in cases of sickness and disablement and in other cases of undeserved want.
While referring to various provisions under different statutes and relevant judicial precedents, the Court maintained that the right to live with dignity under Article 21 vests in persons with disabilities as much as it does with other people.
It further emphasized that “Chapter V of the Mental Healthcare Act, 2017 sets out rights of persons with mental illness. Section 18(5)(d) of the Act states that the appropriate Government shall ensure that no person with mental illness (including children and older persons) shall be required to travel long distances to access mental health services and such services shall be available close to a place where a person with mental illness resides….”
The Court while giving the dignity and privacy of disabled people the same significance as it is for other people also quoted Theresia Degener, a noted jurist and professor, who writes:
“Human dignity is the anchor norm of human rights. Each individual is deemed to be of inestimable value and nobody is insignificant. People are to be valued not just because they are economically or otherwise useful but because of their inherent self-worth.”