The Supreme Court on Tuesday took a strong view on shifting patients lodged in mental health institutions to beggars’ homes in Maharashtra and direct the State Government to discontinue this practice. A bench of Justices DY Chandrachud and MR Shah noted that advocate Gaurav Kumar Bansal has highlighted that Maharashtra has decided to shift persons who are institutionalised in mental health establishments to beggar homes/custodial institutions.
“Gaurav Kumar Bansal has also submitted that deaths are reported to have occurred. Such an approach by the state fovernment would be contrary to the provisions of the Mental Healthcare Act 2017,” said the bench in its order.
As Sachin Patil, standing counsel appearing on behalf of Maharashtra, submitted that he would take instructions, the bench said: “While the standing counsel may do so, we are categorically of the view that any such action to shift such persons to ‘beggar homes’/custodial institutions would be counterproductive and contrary to the letter and spirit of the Mental Healthcare Act 2017. We accordingly direct the State of Maharashtra to look into this aspect immediately and ensure that this practice is discontinued.”
The top court also noted that the onset of Covid-19 has precipitated the hardships faced by persons facing mental illness in terms of access to medical care and treatment.
Bansal, the petitioner in person, insisted that the issue of testing, tracing and vaccinating those suffering from mental illness must be taken up on a priority.