Don't Shift Mentally Ill Patients From Hospitals To Beggar Homes Or Old Age Homes : Supreme Court Directs Maharashtra Govt

The Supreme Court on Tuesday directed State of Maharashtra to discontinue the practice of shifting mentally ill patients from medical establishments to beggar homes or old age homes as it was contrary to the letter and spirit of the Mental Healthcare Act.

A Bench of Justices D.Y. Chandrachud and MR Shah issued the direction while hearing a plea pertaining to rehabilitation of thousands of mentally ill patients who were languishing in hospitals or mental asylums.

In today's hearing, Additional Solicitor General Madhavi Divan submitted to the Court that States were in the process of addressing the discrepancies noted in data collected by the hospitals and by the Task Force. Further, there was a need to check the status of halfway homes.

Divan informed the Court that the Ministry of Social Justice had issued a letter for convening of a meeting on 12 July. To this, the Court remarked that the next hearing would then take place on 27 July, and a status report could be filed by the Union a week prior to the hearing.

The Bench also observed that a lot of time had passed since the matter had commenced, and there was a need to address the issues with alacrity.

Amicus Gaurav Kumar Bansal also addressed the Court and brought to their notice two issues: 1. Vaccination of institutionalized mentally ill patients, and 2. Maharashtra Government's move to transfer persons with mental illnesses to beggar homes.

Bansal submitted, "I also wish to highlight that Maharashtra has done a blunder. They are transferring persons with mental illnesses to beggar homes. They themselves are saying that they are transferring them in their Affidavit. Because of this transfer, at least 3 persons have died. They have said on Affidavit that male persons below age of 59 should be shifted to beggar homes, and those above should be shifted to old age homes".

It was further averred by Bansal that the practice adopted by Maharashtra was against Section 104 of the Mental Healthcare Act. Divan also submitted that the issue had previously been raised in the past with Maharashtra.

At this juncture, Justice Chandrachud informed Advocate Sachin Patil, appearing for the State, that there was no question of transferring these patients to beggar homes. Patil submitted that he would seek instructions on the same.

Accordingly, the Bench directed, "We are categorically of the view that such action would be counterproductive, and against the letter and spirit of the Act. We direct Maharashtra to ensure that this practice is discontinued".

The Bench also issued directions to States/UTs to extend their cooperation with the directions of the Court, and to ensure that representation was made at the meeting convened by the Union and Department of Social Justice. Additionally, it was directed that a status report should be filed before the Court at least a week before listing.

Justice Chandrachud also noted that the matter would be kept every three weeks so that the Court could monitor the issue.

The next hearing is listed on 27 July.

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