‘It's exorbitant', HC asks UT to reconsider Group Home security deposit
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Chandigarh: Terming the security deposit of Rs 20 lakh for admission to the Group Home for
mental health patients
as "exorbitant," the
Punjab and Haryana high court
directed the
Chandigarh administration
to reconsider it. The bench of Chief Justice Sheel Nagu and Justice Sumeet Goel instructed the administration to "apply its mind on the aspect of the quantum of security amount of Rs 20 lakh, which deprives admission into the said Mental Illness Home even to deserving mental health patients merely because of a paucity of funds.
"
The court observed, "After hearing learned counsel for the rival parties, especially on the question of the quantum of security deposit of Rs 20 lakh required for admission of mental health patients in Group Utthaan Society and testing the same on the anvil of the Mental Healthcare Act, 2017, particularly Sections 18, 19, 20, and 21 of the Act, mandating every person suffering from mental illness to be treated with dignity, reasonableness, and without any discrimination, the quantum of security deposit of Rs 20 lakh is exorbitant.
"
The high court also termed the society as a State under Article 12 of the Constitution. "Since the governing body of the society, which manages the Mental Illness Home at Sector 31, Chandigarh, comprises 13 members and the majority of the members are functionaries of the UT administration, Chandigarh, it is obvious that this society is a State under Article 12 of the Constitution."
The court directed the governing body to hold an emergent meeting to reconsider the aspect of the deposit of Rs 20 lakh as security, which is unaffordable for several genuine mental health patients.
The parents and guardians of the patients approached the high court after the administration failed to respond to their demands for the reduction of the security quantum.
The petitioners sought to quash the condition of depositing Rs 20 lakh as security for admission in the Group Home and further to reduce the security deposit to an amount equivalent to a one-year fee as per room type to be charged from the applicants of the Group Home, Chandigarh, at par with govt-run Senior Citizens Home, Chandigarh.
The petitioners also sought a 50% concession in security deposit and monthly fees to applicants belonging to the economically weaker section (EWS) having an annual family income between Rs 1.5-8 lakh.
Other relief sought included waiving off the requirement of a second and third guardian, making it optional rather than mandatory in the application form for admission, rationalising and simplifying the admission procedure, and making the Group Home operational at the earliest as the building is fully ready and furnished but locked since July 2024, as the deserving and needy candidates are desperately waiting for admission.
BOX
Parents and guardians of mental health patients have been taking up the cause of reducing the security deposit with the Chandigarh Administration for nearly 20 months. In 2018, the parents and guardians of mental health patients demanded the setting up of a Group Home for mental health patients. In 2022, the Chandigarh Administration finally decided to set up such a group home in Sector 31. The group home building was completed in 2024.
In Oct 2024, in the first meeting of the governing body, the security deposit was fixed at Rs 40 lakh for a suite, Rs 30 lakh for a single room, and Rs 20 lakh for a double room. This was opposed by the parents and guardians. In June 2024, the administration set it at Rs 20 lakh for types of rooms.
On May 8, The Punjab State and Chandigarh (UT) Human Rights Commission, in a letter to the Punjab Governor and UT Administrator, stated that the conditions of a Rs 20 lakh security deposit and legal waiver clause for admission to the 'Group Home for Persons with Intellectual Disabilities' in Sector 31 are exorbitant and coercive. These conditions potentially violate the rights of the applicants and deter genuine need-based applications.
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