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The Supreme Court has directed all states and union territories to ensure that its earlier directions of July 6 are complied with and to lay down time bound schedule for facilitation vaccination of all persons lodged in Mental Health Institutions within a period of 1 month. 

A bench of Justices DY Chandrachud, MR Shah and Hima Kohli noted that many states including Maharashtra were not complying with the comprehensive social welfare scheme as stipulated by the Union Ministry for rehabilitation of those lodged in Mental Healthcare institutions.

Court was hearing a plea by Advocate Gaurav Bansal seeking rehabilitation of persons recovered from Mental illness, yet allegedly languishing in hospitals or mental health care institutions.

"Relocation and re-designation not enough"

Court noted that Half way homes must be established pro-actively and merely re-designating persons who are designated in mental healthcare institutions to other homes will not serve purpose. Bench also added that re-location of the persons is not in terms of its July 6 order.

In this light, bench said that the modalities adopted by Maharashtra of simply pushing mental health patients to beggars homes left much to be desired. "Now that the state has woken up, state of Maharashtra is directed to ensure that on or before 30th November 2021, the cured persons are duly placed with capable institutions," Court said.

Court also said the status report filed by the Union Government indicates that the state of UP has simply followed the pattern of redesigning old age homes in each of these districts as half-way homes. "This does not lead to valid discharge in terms of Mental Healthcare Act," bench noted.

Thus, it was directed that the exercise of establishing rehab homes and half way homes must be expedited and completed in 6 months by all states.

The bench also took stock of women's issues in Mental Healthcare institutions. Bench said, "Based on researches conducted by VIMHANS & NCW, it has been highlighted that women who are institutionalised in Mental Health establishments of Government face violation of Human Rights. These issues which are highlighted in the present plea are of serious concern. Compliance in this regard to be incorporated".

Progress to be tracked

"Progress report shall be filed by every state/UT with the department of social justice and empowerment of the Union Minister of social justice and empowerment, on or before 15th October 2021 explaining steps taken and number of persons vaccinated against Covid19 in mental healthcare institutions. Vaccinnations of inmates must be coupled with service providers and healthcare personnel including other staff. Progress shall be monitored," Supreme Court noted.

Background:

The Supreme Court had earlier taken serious note of the Maharashtra Government's submissions regarding shifting patients lodged in Mental health institutions to homes for beggars. 

Bench of Justice DY Chandrachud and Justice MR Shah while taking serious note of Advocate Gaurav Kumar Bansal’s submissions of Maharashtra Government of shifting patients lodged in mental health institutes to homes for beggars directed the State to discontinue such practices. 

“We are of the categorical view that such an act by the Government of Maharashtra will be counter-productive, besides in contravention to the letter and spirit of the Mental Healthcare Act, 2017. We direct the state of govt. to discontinue all such practices,” Court said.

Court further directed the centre to test people lodged in mental health establishments for CoVID 19 and fully vaccinate them at the earliest.

The Court also directed the State Governments, their 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 if court’s earlier order for submitting a plan for rehabilitation of people who are still staying in hospitals or mental asylums irrespective of being cured and thereafter file a status report before the next date of hearing. 

“All States and UTs to ensure compliance of previous orders and submit status reports on establishment of halfway homes; further ensure that the discrepancies in data is resolved,” Court also added.

The Court on July 26, 2019 had asked the Centre to explore the possibility of rehabilitating and reintegrating people who had recovered from mental illness and were fit to go home but were languishing in hospitals due to social stigma. While granting three months to submit a plan about the possibilities and ensuring compliance of its 2017 order, the Court had asked the Centre to place before it a survey report with regard to persons, who have recovered from mental illness but are staying in the 43 mental hospitals across the country.

Case Title: Gaurav Kumar Bansal Versus Mr.Dinesh Kumar And Ors.| Conmt.Pet.(C) No. 1653/2018 In W.P.(C) No. 412/2016