Bombay High Court Inquires About Adequacy Of Steps Taken To Vaccinate Mentally Ill Homeless Persons; Directs State To File A Better Affidavit

In an affidavit filed in July, the state government submitted that around 20,930 homeless persons were identified in July of which 8,000 were vaccinated. In addition, 1,761 mentally ill persons were vaccinated in that month.

A division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni said that the State appears to have vaccinated 1,761 persons of unsound mind in institutions, where their families could consent for the vaccine.

However, activist TJ Bhanu's PIL concerns those who can't decide on vaccination, the court noted directing the local civic body (BMC) to be added as a respondent to the petition and state the number of persons identified and vaccinated in the next hearing.

Previously, the High Court had asked the Centre and State to reconsider a standard operating procedure (SOP) to vaccinate the 'floating population' of mentally ill homeless persons, beggars. The bench had also suggested permanent tattoos for such persons after inoculation.

On Monday, Additional Solicitor General Anil Singh for the Centre said the Supreme Court is hearing a similar petition. "We can't vaccinate them on the road. They are taken to a shelter and then vaccinated there," he said adding that consent would be required.

"Take the case of the mentally ill. If we allow him to decide, he can be a threat to society. This is a policy matter. So why don't you come out with a policy of how you plan to vaccinate the mentally ill," the Chief Justice said.

In response to Singh's submissions that Section 100 of the Mental Health Care Act casts a duty on police officers to identify such mentally unsound people and unite them with their families, the court sought to know if it was being implemented.

"Whether these steps are being taken?" the bench asked the State to elaborate in their affidavit. They added that a joint effort by the Municipal Corporations and police were required.

State's counsel Geeta Shastri said that authorities were issued instructions to address concerns of homeless and mentally ill persons.

"We notice that the affidavit is silent on the point of those mentally ill persons who are either homeless or found wandering in the community," the court observed.

Case Title: TJ Bhanu vs State of Maharashtra