The Delhi High Court recently came down heavily on the Institute of Human Behaviour and Allied Sciences (IHBAS) and Metropolitan Magistrates for acting in contravention of the Mental Health Act..The Court was hearing a writ alleging the illegal detention of one Ram Kumar. The petition was filed by Kumar’s son Ravinder, through Advocates Akhil Sharma and Isha Aggarwal..Kumar, who is 72 years old, had been defending a claim petition before the Motor Accidents Claim Tribunal (MACT) at the Rohini courts for over 10 years as party-in-person..On November 3, the case was listed at the Rohini courts. Due to some altercation between Kumar and the lawyers appearing for the other side, the Presiding Officer called in the police and decided to have Kumar sent for medical evaluation at the Dr. Baba Saheb Ambedkar (BSA) Hospital..Kumar was kept at the BSA Hospital till quarter to six in the evening and was thereafter produced before the Duty Metropolitan Magistrate. The MM passed an order sending Kumar to IHBAS to be kept under observation for 24 hours..Kumar’s family members were not informed that he had been detained even though he had been carrying his case papers, which should have easily given the details of his address. He was also carrying his mobile phone. The MM had noted that ‘his whereabouts and his family is also not ascertainable for questioning him.’.Though IHBAS did not find any evidence of mental illness, it noted in its report that Kumar was irritable with “grandiose ideas”, “impaired judgment” and “absent insight”. This behaviour, the High Court deemed, did not appear unusual for a person who had been brought to a hospital for mental illnesses against his will. Nevertheless, IHBAS saw it fit to recommend that he be admitted for detailed evaluation..Thereafter, in another order passed on November 5, the duty MM directed that Kumar be admitted for fifteen days..But Kumar’s plight did not end there. Another order passed on November 20 directed that he be examined by a Standing Medical Board at IHBAS. As a result of the harassment, Kumar’s existing heart condition worsened, and he was admitted in Rajiv Gandhi Super Specialty Hospital..The Division Bench of Justices S Muralidhar and IS Mehta observed that,.“The Court is left in no doubt that there has been a total violation of the mandatory provisions of Section 28 (1) read 24 (2) (a) of MHA at every stage in these proceedings. In none of the proceedings did the Duty MM/MM ensure that the Respondent No.4 was represented by counsel. No question was even put to him in that regard. The orders passed, on the reports of IHBAS, have resulted in a violation of the fundamental right of Respondent No.4 to life and liberty under Article 21 of the Constitution.”.The Bench also noted that the orders were clearly contrary to the provisions of Section 28(1) of the Mental Health Act, which makes it mandatory for the Magistrate to call for a medical certificate in respect of the allegedly mentally ill person. Moreover, as per Section 28(2), the detention could only be ordered for ten days, whereas the MM had ordered that he be admitted for fifteen days..The Court, while setting aside the orders passed by the Metropolitan Magistrate, directed that Kumar be left to the care of his family, if he is found to bit for discharge..It further directed that IHBAS, as well as each of the mental health professionals associated with the treatment of Kumar, explain as to how without a proper certificate being issued regarding his mental illness, his continued detention in IHBAS was justified..The Court directed the Committees of the High Court on the administrative side supervising the Metropolitan Magistrates who passed the detention orders to look into the matter and take appropriate action..As a parting shot, the High Court directed the Director of the Delhi Judicial Academy to organise at least four orientation courses on the Mental Health Act in the coming year, with a view to sensitizing judicial officers, mental health professionals, and the Delhi Police on the topic of mental illness..Read Order:
