There Are Adequate Directions In Place For Equal Treatment Of Mentally Disabled Persons In Private Hospitals: Delhi HC [Read Order]

Looking into the counter-affidavit filed by the Delhi Government, the Division Bench of Justice DN Patel and Justice Hari Shankar noted that there are already advisories in place to deal with the issue and there's no need for further directions to be issued by the court.

In the present PIL, the Petitioner sought the issuing of mandamus to the Delhi government or the Ministry of Health and Family Welfare to issue new guidelines, rules and regulations for treatment of mentally disabled/persons with special needs in private hospitals.

The petition had also asked for private hospitals to facilitate a separate department for treatment of persons with mental illness and special needs.

While noting the need to ensure adequate implementation of existing regulations, the court said the following:

'If any individual case is brought to the notice of the respondents for the breach of any law, rules, regulations, or policies evolved by the respondents, the action shall be initiated by the respondents against the erring hospital(s), or their management, or against doctors, in accordance with law, rules, regulations and Government policies applicable to the facts and circumstances of the case, and after giving an adequate opportunity of being heard to the noticee(s).'

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