HC orders assessment for appointing guardian for man suffering from schizophrenia

The Bombay HC directed Thane Mental Hospital to assess a 50-year-old schizophrenic man for a legal guardian due to his deteriorating condition.

Mumbai: The Bombay High Court (HC) on Thursday directed the dean of Thane Mental Hospital to form a specialised board to assess a 50-year-old schizophrenic man from Thane, identified as Mr X, to determine the need for appointing a legal guardian. This decision was made by a vacation bench comprising Justice Arif Doctor and Justice Somashekhar Sunderesan, in response to a petition filed by Mr X’s longtime college friend from Pune.

HC orders assessment for appointing guardian for man suffering from schizophrenia

Schizophrenia, a severe mental disorder, disrupts thoughts, perceptions, and behaviours, often leading to symptoms such as hallucinations, delusions, disorganised thinking, and impaired daily functioning. The plea, filed by advocate Abhishek Mookherjee on behalf of Mr X’s friend, argued that Mr X’s mental health has severely deteriorated, making it necessary to appoint a guardian to manage his welfare.

Advocate Mookherjee explained, “The concept of state-appointed guardians and property managers was recognised under the Mental Healthcare Act of 1987. However, the Mental Healthcare Act of 2017 omits such provisions, replacing them with ‘nominated representatives’ who have limited roles. The relief we seek falls into a legislative gap since the current legislation does not permit appointing guardians for mentally ill individuals.”

The petition revealed that Mr X was diagnosed with schizophrenia in 2012 and, with no surviving family members, now poses a risk to himself and others. Mr X, an only child, lost his father in late 2023 and his mother in mid-2024, leaving him without close family support. Though relatives and friends made sustained efforts to care for him since his diagnosis, his worsening condition has now rendered him destitute.

Mr X’s friend, who met him during their college years over four decades ago, brought the petition, hoping to secure stable care for him.

The state, represented by advocate VR Raje, opposed the plea, citing that Mr X possesses both movable and immovable assets, which could lead to complex legal disputes among distant relatives. However, the court deemed the appointment of a guardian appropriate in this instance and instructed the dean of Thane Mental Hospital to submit an evaluation report to the court.