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The Supreme Court today took 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 directions were issued against the backdrop of the plea filed by Advocate Gaurav Kumar Bansal wherein he mentioned about 10000 people irrespective of being fit to be discharged were forced to live in various mental hospitals across the country due to social stigma.

Additional Solicitor General Madhvi Diwan appearing for the Union submitted that the data provided by the states had some discrepancies which has been pointed out to them.

“Initially we faced problems in getting reports from the States...there were discrepancies in the figures but the States have now submitted the data,” said ASG Diwan.

“It’s a very serious matter. Many people who are cured may not be accepted by their families. Tell the concerned authorities to be serious and ensure that the court's order is complied with,” the Court said.

“You know very well that in this type of illness, continuous medicines are required. These people otherwise get on the streets. It has to be dealt with very seriously,” bench further added.

Appearing for the petitioners, Advocate Gaurav Kumar Bansal contended that he sought directions on the vaccination of patients having issues related to mental health. 

Referring to the status report filed by State of Maharashtra, Advocate Bansal added, “State of Maharashtra has done a blunder. They are transferring Mental Health Patients to Beggars Home. What has happened is that many of these people have died due to transfer.”

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.

The Court thereafter while listing the matter for July 27, 2021 said that since the same was a sensitive matter, it would from now on monitor the case and list it after three weeks. 

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