“If the family members are interested parties, then only you can practically implement this (Law),” Judge SS Shinde said and Sarang Kotwal. The PIL by the city psychiatrist Dr Harish Shetty was “inspired” by a case where a woman spent 12 years in Thane Regional Mental Hospital. Shetty Pranati’s Lawyer Mehra He said state reports in the Supreme Court say families are not accepting patients. “The state has an obligation to make effective provisions for them,” she added. The judges said that, in some cases, relatives do not want patients to return home. “Sometimes family members are happy that he (the patient) is there. If the family doesn’t accept him, where will he go? I ask shine of justice.
The judges mentioned that in big cities, many are seen wandering the streets, either due to financial compulsion or mental depression.
“Every day you will see them,” Judge Shinde said, adding that they need help. He said that while he was walking with his wife on Marine Drive, he saw a “helpless” woman sleeping with a child. “Your mind is disturbed. Until the next day (sic) morning I mentioned it to my wife. Why can’t the state investigate the problem and identify why children are on the roads? he asked him.
Mehra said the 2017 Act emphasizes therapy over custody, and the premise of the PIL is to reunite patients with their families. “The mentality of society has to change. Society can make many changes,” Justice Shinde said, adding that the “million dollar question” is whether the provisions of the Act are implemented in letter and spirit.
The judges also said that governments have their limitations. Mehra said professionals, including Magsaysay award-winning psychiatrist Bharat Vatwani, who reunited 10,000 patients with their families, approached Shetty offering her services. By adjourning the June hearing, the justices said Shetty must find out how other states are implementing the law.
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