Mumbai: Observing that those people who are fit to be discharged should not continue in the mental health establishment more than necessary, the Bombay High Court has sought information of 475 patients who have been lodged at four mental hospitals in the state for over 10 years and whether there is a need for them to remain in the hospital.
The court observed, “This is an area where utmost care has to be taken to ensure that those who are fit to be discharged should not continue in the mental health establishment more than necessary, and the review of those patients who are there for more than ten years should be a priority.”
The HC was hearing a petition filed by psychiatrist Dr Harish Shetty, highlighting the plight of patients languishing in mental hospitals despite being cured or even when they are not seriously mentally ill.
The State Mental Health Authority (SMHA) submitted data from the mental hospitals at Nagpur, Thane, Pune and Ratnagiri.
Advocate Pranati Mehra, appearing for Shetty, pointed out that 1,649 patients are shown as unfit for discharge and 475 patients are in hospital for more than 10 years. She said this is a matter of concern and it is not clear whether there was an appropriate review done.
The judges remarked that review boards can review continued admission of a person with mental illness under the Mental Healthcare Act. To this, government pleader Manish Pable said that review of continued admission is taken.
The bench then asked the review boards to provide information with regard to these 475 patients on “whether they have been reviewed in the preceding three months, their fitness or whether they need to be continued”. They added that in case these patients are not examined then “the review boards will initiate the process for their examination”, the court added.
451 patients awaiting discharge due to delay in compliance of the process
According to the data, 1,022 patients are declared fit for discharge but are awaiting discharge. Of these, 451 patients are awaiting discharge due to delay in compliance of the process.
The bench has asked the government to depute a representative from the Social Welfare Department to attend SMHA’s meeting on September 4 “to expedite discharge of the fit patients who are held up due to procedural compliance”.
The court noted in its order that as per the State’s data, no application was received regarding denial of medical record.
Lack of awareness regarding the patients’ rights
To this, the HC said: “This may indicate a lack of awareness regarding the patients’ rights, both in the complaints regarding deficiency of service and denial of medical records.” It added that the SMHA must take note of all this and “initiate campaigns to give the relatives of patients with mental illness their rights”.
SMHA’s counsel Vishwajeet Sawant said efforts are being made to educate patients and their relatives about their rights. When the judges said that NGOs can complement this work, Mehra said Dr Shetty will endeavour to engage as many NGOs as possible to create awareness of rights.
The HC has kept the matter for hearing on October 11 when it will take up the issue of prisoners with mental illness.
