379 fit-to-discharge patients stuck in mental hospitals for over 10 years, HC raises concern

The court was informed that 379 of 475 patients have been certified ‘fit for discharge’ and yet continue to live in mental health establishments. “This is indeed, serious,” the bench noted.

The Court asked the state to place on record data regarding half-way homes, shelter and support accommodation for cured patients without which their ‘seamless rehabilitation’ is not possible.

The bench was informed that apart from routine examination by a single psychiatrist of 475 patients, who are in hospitals for more than ten years, two other psychiatrists are also examining the patients.

On August 29, the bench, noting that 1,022 mental health patients across four hospitals in Maharashtra are awaiting discharge despite being declared fit, had directed SMHA to ensure their discharge is expedited and ‘utmost care’ is taken by authorities to ensure that patients fit to be discharged should not continue to stay in such establishments more than necessary.

On October 11, the bench said that SMHA can take initiatives related to–identification of patients in the mental health establishments, rehabilitation of patients fit to be discharged, rights of prisoners with mental illness and patients with other disabilities.

The court was informed that the opinion of two psychiatrists will be placed before the review board headed by the district judge, and further action would be taken. The bench said all review boards must take up cases of patients living in such establishments for over ten years and certified by two psychiatrists on priority basis.

As per law, the state is mandated to constitute mental health review boards in all districts and as per the affidavit tendered during the last hearing, eight such boards were notified in November–2021 in Maharashtra, four years after the 2017 Act had come into force.

Review boards are created to help protect rights of mental health patients and examine if the cured patients are fit for rehabilitation.

The bench also wondered how SMHA will take up the cause of rehabilitation without any comprehensive plan to guide it. “Unfortunately, actions of the authority are not commensurate with the gravity of the issue. The authority should keep in mind that it has lost substantial time to reach its goal because it began functioning with a five-year delay,” the court said.

Maharashtra State Legal Services Authority (MSLSA) told the bench that it would examine legal services for the mentally ill and Mentally Disabled Persons Scheme –2015 and provisions of the law related to rights of prisoners with mental illness, and will place before court, the action it proposes to take to complement efforts of the state government and SMHA.

HC will hear the PIL next on November 8.