Can’t shift mental health patients to beggars’ homes, Supreme Court tells Maharashtra government

The Supreme Court on Tuesday told the Maharashtra government to discontinue its practice of shifting patients lodged in mental health institutions to beggars’ homes.

Taking a stern view of the decision, a bench presided over by Justice D Y Chandrachud said such an approach by the state government would be contrary to the provisions of the Mental Health Act.

The bench, also comprising Justices M R Shah, noted that advocate Gaurav Kumar Bansal, who filed a PIL for proper implementation of the Mental Health Act, has highlighted that Maharashtra has decided to shift persons who are institutionalised in mental health establishments to beggar homes/custodial institutions.

“Bansal has also submitted that deaths are reported to have occurred," the court noted.

Sachin Patil, standing counsel appearing on behalf of Maharashtra, has submitted that he would take instructions.

“While the counsel may do so, we are categorically of the view that any such action to shift such persons to ‘beggar homes’/custodial institutions would be counterproductive and contrary to the letter and spirit of the Mental Healthcare Act 2017," the bench said.

"We accordingly direct the State of Maharashtra to look into this aspect immediately and ensure that this practice is discontinued," the bench added.

The court also noted that the onset of Covid-19 has precipitated the hardships faced by persons facing mental illness in terms of access to medical care and treatment.

Bansal, the petitioner, in person, insisted that the issue of testing, tracing, and vaccinating those suffering from mental illness must be taken up on a priority.

The bench also directed the Centre to test people lodged in mental health establishments for Covid- 19 and fully vaccinate them at the earliest. “Persons who are institutionalised in mental health establishments need to be vaccinated so as to protect them," the bench said.

Also read — Ensure people in mental health homes are tested for Covid, vaccinated: SC to Centre

Additional Solicitor General Madhavi Divan, representing the Centre, assured the court that this matter would be taken up with utmost priority.

The bench said the Department of Social Justice should take it up immediately with the Ministry of Health and Family Welfare so that suitable instructions are given and a plan is chalked out for all the states/Union Territories for ensuring the vaccination of persons who are institutionalised in mental health establishments.

The court also directed chief secretaries to make representations in the meeting to be convened by the Ministry of Social Justice and Empowerment Centre on July 12, 2021, to ensure compliance with the court’s earlier order for submitting a plan for rehabilitation of people who are still staying in hospitals or mental asylums.

The bench said a status report should be filed before it at least a week before the next date of hearing, July 27.