Court mandates establishment of halfway homes, vocational training, and legal aid for mentally ill, ensuring compliance with Mental Healthcare Act, 2017.
In a significant ruling, the Patna High Court has directed the State of Bihar to improve mental healthcare facilities in compliance with the Mental Healthcare Act, 2017. The judgment, delivered by Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar, emphasized the rights of mentally ill persons, focusing on their rehabilitation and reintegration into society.
The court underscored the violation of human rights when cured individuals are compelled to remain in mental hospitals due to inadequate community support or halfway homes. The State has been instructed to make interim arrangements for such individuals, ensuring their right to community living as mandated by Section 19 of the Mental Healthcare Act.
Furthermore, the court directed the government to design structured rehabilitation programs, including vocational training and financial support, to help cured patients achieve financial self-sufficiency and integrate into mainstream society. The importance of establishing "Mano Nyay Legal Services Clinics" in mental health institutions was also highlighted to ensure access to legal aid for mentally ill persons.
The judgment also commended the State's efforts in establishing a ten-bed Mother and Child Ward at the Bihar Institute of Mental Health and Allied Sciences (BIMHAS) and directed further compliance to ensure separate cells for female patients with children.
The court's directives aim to address the recurring issues faced by cured patients and emphasize the need for advance arrangements for the creation of halfway homes across the state. The judgment reflects a comprehensive approach to mental healthcare, aligning with the Supreme Court's directives in the case of Sukdeb Saha v. State of Andhra Pradesh.
Bottom line:-
Mental Healthcare Act, 2017 - Rights of mentally ill persons and rehabilitation measures - Establishment of mental health units in jails, creation of halfway homes, vocational training for cured patients, and legal aid services mandated under the Act discussed and directed for implementation.
Statutory provision(s): Mental Healthcare Act, 2017 Sections 19, 21, 29, 115, Legal Services Authorities Act, 1987, NALSA Scheme, 2024.
