PIL in HC seeks proper implementation of Mental Healthcare Act

The PIL has been filed by a psychiatrist, after he came across a woman languishing in Thane Mental Hospital since the past 12 years even though she was stated as ‘normal’ in 2014

Mumbai: The Bombay high court (HC) has directed the state to respond to a Public Interest Litigation (PIL) which seeks investigation into mental hospitals that do not assess the condition of the patients regularly to ascertain if they can be allowed to go and live in society. The PIL also seeks directions and implementation of the Mental Healthcare Act, 2017.

The petition not only seeks implementation of the 2017 Act but also seeks a status report of all persons admitted in such mental health facilities and compliance of Supreme Court guidelines which mandates regular psychiatric review of persons admitted in these facilities so that they can be discharged. (Praful Gangurde)

The PIL has been filed by Dr Harish Shetty, a psychiatrist and counsellor, after he came across a woman languishing in Thane Mental Hospital since the past 12 years. Neither her husband nor her family was willing to take her back, even though her condition was stated as ‘normal’ way back in 2014. The PIL also seeks implementation of Supreme Court guidelines with regards to mental homes and mentally ill patients.

The division bench of justice S S Shinde and justice Sarang Kotwal was informed by the advocate for Dr Shetty that the woman in question was admitted to the regional mental hospital at Thane by her husband in 2009 and he had later used her admission as a legitimate reason to secure a divorce. As per the mental hospital record the woman had been discharged in 2014 but she had to be readmitted as neither her husband nor her parents were willing to take her back, adds the PIL.

After almost 12 years, when the divorce petition came up for hearing before the Family Court in November 2021, the judge had sought a psychiatric medical officer’s report. After the report stated that the woman did not have psychiatric symptoms and could be discharged, the judge noted that in the absence of a mental health review board, many men and women would be suffering in such mental hospitals.

The petition not only seeks implementation of the 2017 Act but also seeks a status report of all persons admitted in such mental health facilities and compliance of Supreme Court guidelines which mandates regular psychiatric review of persons admitted in these facilities so that they can be discharged.

After hearing the petitioner, the court sought the presence of advocate general Ashutosh Kumbhakoni, who assured the court that the state government would call on all the orders of the apex court and look into the issue and sought time to respond to the PIL. The bench accepted the request and posted the PIL for further hearing on April 12.