Inform about steps taken to implement Mental Healthcare Act: HC to state govt

A division bench of Justice N M Jamdar and Justice Gauri V Godse was hearing a PIL seeking implementation of the Mental Healthcare Act, 2017, and investigation into mental healthcare institutions that do not regularly assess the condition of patients to ascertain if they can be discharged.

The PIL, filed by psychiatrist Dr Harish Shetty, highlighted the plight of patients admitted in institutions, including a woman who had been “languishing in” Regional Mental Hospital in Thane for 12 years.

The PIL argued by advocate Pranati Mehra stated that implementation of the Act would protect the rights of persons with mental illness and allow them to move review boards to seek discharge. The plea also sought implementation of Supreme Court guidelines with regard to mental healthcare homes and mentally ill patients.

On Friday, advocate general Ashutosh Kumbhakoni and Assistant Government Pleader Manish Pabale representing the state government informed the bench that while the three-year tenure of members of the authority constituted as in October, 2018 was complete, the process to nominate new members was carried out. Such members are appointed as per a government resolution (GR) issued on September 6, the government stated, adding the committee was functioning with full quorum.

However, it said, posts of two nominated non-official members which include the representatives of mentally ill persons and their caregivers are yet to be filled up and advertisements are issued in that regard.

The state government said that the state public health department has accepted Shetty’s suggestions. It said a Memorandum of Understanding (MoU) was signed on November 23 to avail help of NGOs to make an endeavour to attempt more reunions of cured patients in mental hospitals.

The court will hear the PIL next on Friday, December 2.