Order of the Bombay High Court regarding implementation of the Mental Healthcare Act, 2017, 10/07/2023

Order of the Bombay High Court in the matter of Dr. Harish Shetty vs The State Of Maharashtra & Others dated 10/07/2023.

The matter related to the state of patients who are overstaying in the mental health institutions in some cases for decades.

The Bombay High Court said that the primary focus should be on those patients who have been declared fit by the establishments - government and private and fit to be discharged and still they are confined to be establishments because their family members have not accepted them back at home.

The HC said that despite the court's order, April 21, 2023, there is still not any credible data and said that it is the responsibility of the Deans of the government hospitals and the Directors of all the private hospitals to whom this inquiry is made by the State Mental Health Authority, to furnish the data on the number of discharged patients sent home by mental health institutes but not accepted by family or returned back.

The state of Maharashtra was directed to file a reply affidavit giving particulars about the functioning of the Mental Health Review Board and the matters pending before it and how many were disposed of among other things.

The PIL was filed by Dr. Harish Shetty seeking implementation of the Mental Healthcare Act, 2017 and highlighted the plight of patients who are over-staying in the mental health institutions, in some cases for decades.