The Bombay High Court on Wednesday directed the Maharashtra government to file its response to a public interest litigation (PIL) petition urging the implementation of the Mental Healthcare Act, 2017 across the State..The government pleader sought time to take instructions on the issue from the relevant authorities.This, however, did not bode well with the Bench of Justices SS Shinde and SV Kotwal, which reprimanded the advocate for the casual approach."How can you be so casual? Please request the Advocate General to appear in this matter. These are crucial matters, these are issues about public at large. This is not adversarial litigation!" Justice Shinde said..Advocate Pranati Mehra, who appeared for the petitioner, Dr Harish Shetty, pointed out that the plea sought implementation of the Act to protect the rights of persons with mental illnesses and allow them to move Mental Health Review Boards to seek discharge. It was submitted that patients are suffering as they are still admitted in mental health institutions despite not being seriously ill. The plea mentioned that it was inspired by a family court order from 2021, where it was mentioned that a woman had to spend 12 years at the Regional Mental Hospital at Thane, after being abandoned by her family.Considering the seriousness of the issue, the Bench asked the Advocate General Ashutosh Kumbhakoni to remain present for the hearing in the session post lunch. .In the post-lunch session, the Advocate General informed the Court that there were Supreme Court judgments dealing with the implementation of the Mental Healthcare Act as well as the Rights of Persons with Disabilities Act, 2016.Granting him time, the Bench posted the matter for April 12 and directed the State to file their response.
The Bombay High Court on Wednesday directed the Maharashtra government to file its response to a public interest litigation (PIL) petition urging the implementation of the Mental Healthcare Act, 2017 across the State..The government pleader sought time to take instructions on the issue from the relevant authorities.This, however, did not bode well with the Bench of Justices SS Shinde and SV Kotwal, which reprimanded the advocate for the casual approach."How can you be so casual? Please request the Advocate General to appear in this matter. These are crucial matters, these are issues about public at large. This is not adversarial litigation!" Justice Shinde said..Advocate Pranati Mehra, who appeared for the petitioner, Dr Harish Shetty, pointed out that the plea sought implementation of the Act to protect the rights of persons with mental illnesses and allow them to move Mental Health Review Boards to seek discharge. It was submitted that patients are suffering as they are still admitted in mental health institutions despite not being seriously ill. The plea mentioned that it was inspired by a family court order from 2021, where it was mentioned that a woman had to spend 12 years at the Regional Mental Hospital at Thane, after being abandoned by her family.Considering the seriousness of the issue, the Bench asked the Advocate General Ashutosh Kumbhakoni to remain present for the hearing in the session post lunch. .In the post-lunch session, the Advocate General informed the Court that there were Supreme Court judgments dealing with the implementation of the Mental Healthcare Act as well as the Rights of Persons with Disabilities Act, 2016.Granting him time, the Bench posted the matter for April 12 and directed the State to file their response.