HC orders transfer of Thane schizophrenic patient to rehabilitation home; seeks roadmap for guardianship framework

The Bombay High Court ordered a man with schizophrenia to be transferred to a rehabilitation home while assessing his need for a legal guardian.

MUMBAI: In a compassionate intervention balancing care and autonomy, the Bombay High Court has ordered that a 50-year-old man suffering from schizophrenia be shifted from the Thane Mental Hospital to a government-recognised rehabilitation home as an interim measure, while it examines whether he requires a legal guardian.

HC orders transfer of Thane schizophrenic patient to rehabilitation home; seeks roadmap for guardianship framework

The direction, issued on November 7 by a division bench of justices M S Sonak and Advait M Sethna, came on a petition filed by the patient’s longtime college friend. The petitioner had approached the court seeking long-term care and guardianship arrangements for his friend, identified as Sathe, who was left without family support following the death of his parents.

Fit for discharge, but unfit to live alone

The District Legal Services Authority (DLSA), Thane, informed the court that the medical superintendent of the Thane Mental Hospital had certified Sathe as fit for discharge. However, the petitioner’s counsel, advocate Ketan Dhavle, argued that allowing him to live alone in his apartment would endanger his well-being and safety.

Accepting the counsel’s suggestion, the bench ordered that Sathe be transferred to the Jagruti Rehabilitation Centre in Taloja, one of the state-approved halfway homes, for continued care and supervision. It directed the Commissioner of the Disabilities Department to ensure the transfer and admission within a week.

The court further ruled that Sathe’s rehabilitation and care expenses at the centre will be borne by the state government through the Disabilities Department. His friend was also permitted to visit him regularly, in accordance with institutional rules.

Dr Harish Shetty, who assisted the court as amicus curiae, endorsed the decision, stressing that Sathe required an environment offering therapy and structured engagement, not mere confinement. The bench also appreciated the assistance of DLSA Thane officials, Secretary Ravindra Pajankar and Assistant Secretary Prashant Abhang, for coordinating the transition.

State details mental healthcare reforms

In a parallel development, the Public Health Department’s Secretary, Nipun Vinayak, filed an affidavit outlining a series of systemic reforms under the Mental Healthcare Act, 2017, in compliance with earlier court directions in Dr Harish Shetty vs State of Maharashtra. That landmark case had exposed the plight of abandoned or long-detained psychiatric patients and spurred judicial monitoring of rehabilitation and guardianship mechanisms.

According to the affidavit, the State Mental Health Authority (SMHA), the apex policy body, has convened multiple meetings in 2025 to implement an “evidence-based, coordinated strategy” involving over 25 stakeholders, including experts from the Tata Institute of Social Sciences (TISS), Maharashtra Institute of Mental Health (MIMH), and BJ Medical College, Pune.

Key focus areas include: institutional and policy reforms, digital monitoring of mental health services, telepsychiatry and de-addiction programmes, urban and middle-class outreach, and expansion of rehabilitation infrastructure.

A statewide mental health survey led by TISS and MIMH is also in preparation to gather real-time data on psychological well-being across Maharashtra.

247 long-term patients rehabilitated

Addressing the court’s concern over patients kept in mental hospitals for years due to the absence of guardians, the state informed that 247 long-term residents from the four regional mental hospitals have been shifted to halfway homes since January 2024.

Three new rehabilitation centres were added in July 2024, taking the total to nine across the state, including the Jagruti facility where Sathe will now stay. The process is being guided by Sections 19 and 27 of the Mental Healthcare Act, which mandate discharge and community-based rehabilitation for patients certified fit by psychiatrists and the Mental Health Review Board (MHRB).

The state has also partnered with the Shraddha Foundation in Karjat to help reunite long-term patients with their families across India. Meanwhile, representatives from the Disabilities Welfare Department and the Maharashtra Legal Services Authority have been placed on every MHRB to ensure consistent oversight. Nineteen meetings of the Thane MHRB were held between January 2024 and September 2025, records show.

Legal guardianship question remains

The bench will next take up the larger issue raised in the petition, the absence of a clear legal mechanism to appoint guardians for adults with chronic mental illness following the repeal of the Mental Health Act, 1987.

While the Mental Healthcare Act, 2017 enshrines autonomy and rights-based treatment, it does not provide a framework for designating guardians for individuals who lack decision-making capacity and live alone. The court is expected to explore this legislative gap in future hearings, as cases like Sathe’s highlight the urgent need for humane and sustainable support systems for India’s mentally ill citizens.