Punjab and Haryana High Court slams Chandigarh Administration over Rs 20 lakh fee for disabled home
The Punjab and Haryana High Court Friday pulled up the Chandigarh Administration over the Rs 20 lakh security deposit condition for admission to a newly-built group home for people with mental disabilities in Sector 31, terming the amount 'exorbitant' and potentially exclusionary for many deserving applicants.
The interim order on May 16 by a division bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel was in response to a civil writ petition filed by four parents and guardians of mentally disabled people — Satish Kumar, G K Jaggi, B K Chadha and Barkhu Ram, all residents of the Union Territory — whose wards are prospective applicants for the facility.
The bench, after hearing counsel for the parties, observed that the demand for such a high deposit stood in contrast to the principles enshrined under Sections 18 to 21 of the Mental Healthcare Act, 2017, which stress treatment of persons with mental illness with dignity, reasonableness and without discrimination.
It noted that the governing body managing the mental illness home at Sector 31 comprises 13 members, the majority of whom are functionaries of the UT Administration, and thus the society managing the facility qualifies as 'State' under Article 12 of the Constitution.
The UT Administration is directed to apply its mind on the aspect of quantum of security amount of Rs 20 lakh, which deprives admission into the mental illness home, even to the deserving mental health patients merely because of paucity of funds, the bench stated, directing the governing body to hold an emergent meeting to reconsider the deposit requirement. The case will next be heard on July 24.
The petitioners have also challenged several other terms and conditions for admission to the Sector 31 group home. They have sought a direction to quash the Rs 20 lakh deposit requirement and instead limit the security amount to one year's fee, based on room type, in line with the norms followed by the government-run senior citizens home in Chandigarh. They further asked for a waiver of additional charges such as air-conditioning, electricity, and cross-subsidy fees, pointing to the already high monthly costs.
The petition advocates for greater inclusivity by seeking 25 per cent reservation of twin-sharing seats for applicants from the economically weaker section (EWS) category with annual family incomes between Rs 1.5 lakh and Rs 8 lakh, and a 50 per cent concession in both the deposit and monthly fees for this income group. The petitioners have also urged the court to waive the mandatory requirement of furnishing the second and third guardians in the admission form.
The petitioners have also pressed for the immediate operationalisation of the facility, which has remained locked since July 2024 despite being fully constructed and furnished. Additional prayers include the recruitment of professional staff such as counsellors and social workers trained in mental healthcare, simplification of the admission process by conducting assessments within the group home itself to reduce stress on applicants, and public awareness campaigns to ensure that eligible candidates are informed about the facility and its services.
Senior advocate R S Bains represented the petitioners with advocate Sarabjeet Singh Cheema. Additional standing counsel Aman Bahri represented the Chandigarh Administration with advocate Shubreet Kaur.
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