The state government informed the Bombay High Court (HC) on Friday that it has tied up with an NGO run by Magsaysay award winner and psychiatrist Dr Bharat Watvani in an attempt to reunite more cured patients from mental hospitals with their families.
A division bench headed by Justice Nitim Jamdar was hearing a public interest litigation (PIL) filed by psychiatrist Harish Shetty, seeking implementation of the Mental Healthcare Act, 2017, in Maharashtra saying it protects the rights of persons with mental illness and allows them to move Mental Health Review Boards to seek discharge from mental health institutions.
An affidavit was filed by Mr Sandeep Divekar – deputy superintendent of the regional mental hospital (Thane) – stating that they have appointed members on the State Mental Health Authority (SMHA) which was established on October 23, 2018. The members have a tenure of three years.
In August, the HC had rapped the government for non-functional SMHA, which was constituted to supervise implementation of the Mental Health Act.
The SMHA held its meeting on September 16, which Dr Shetty attended as a Special invitee. During the meeting, he recommended Dr Watvani's NGO – Shraddha Rehabilitation Foundation – which has successfully reunited several cured patients with their families. Agreeing with the suggestion, the government has signed an MoU with the NGO.
Also, the State Mental Health Review Board has been constituted in eight circles in the state on November 15, 2021. Dr Shetty's advocate Pranati Mehra pointed out to the court that superintendents of mental hospitals are made member secretaries on these review boards. She said this is a prima facie conflict of interest since the review boards will hear complaints against the hospitals. However, the court said it will not go into “parallel proceedings” and stated that Dr Shetty can always point it to the SMHA.
The HC has asked the government to produce the minutes of the September meeting of SMHA so as to ascertain the steps taken pursuant to the objectives of the Mental Health Act.
Difficulties in reuniting cured patients
Family reluctant due to non-acceptance of illness / loss of affection
In case of ailing, old patients, siblings are married, have moved on
Unknown patients brought by police are unable to recollect their earlier whereabouts
Reunited patients are not always taken care of sensitively and forcefully sent back
In one case, reunion was not possible as entire family is psychotic
