MUMBAI: The Bombay high court on Tuesday said it will consider issues that are not before the Supreme Court while hearing a PIL by city psychiatrist Dr Harish Shetty to implement the Mental Healthcare Act, 2017.
“Segregate issues pending before the Supreme Court and here. The issues may be identical and some parts may overlap. It may not be proper on our part," said Justices SS Shinde and Sarang Kotwal.
Shetty’s PIL highlighted the plight of patients languishing in hospitals/institutions although cured or not seriously mentally ill.
It said the 2017 Act protects rights of persons with mental illness and allows them to move Mental Health Review Boards to seek discharge.
Advocate general Ashutosh Kumbhakoni said a 2018 contempt petition is pending in the Supreme Court.
It is related to a 2016 matter in which the SC issued directions including for persons with mental illness and is monitoring compliance by states.
He said SC in September 2021 pulled up Maharashtra for stating that 186 out of 215 cured patients were temporarily shifted to old age homes, women’s hostels and beggar homes until half-way homes are constructed for them.
The AG said the State is not taking an adversarial stand in Shetty’s PIL.
Shetty's advocate Pranati Mehra said the state's compliance report does not speak of reintegrating patients with their families.
“Rehabilitation is not a mechanical process. It is not an exercise done by filing documents. The petitioner as a practising psychiatrist has known several patients who are kept in institutions on account of personal and property disputes. Many are not even ill when admitted. Simply making halfway homes and rehabilitation homes is not sufficient," she added.
Shetty’s PIL was “inspired” by the case of a woman who was in Regional Mental Hospital, Thane for 12 years.
The AG said, “The lady is now integrated with her husband. She is presently staying with him. She is regularly interviewed and examined.”
However, Mehra said Shetty seeks that “responsibility is pinned in this case so it should not be repeated.” The judges said once issues are segregated they will proceed to hear the PIL and pass directions.
