Delhi HC directs admission of violent schizophrenia patient to IHBAS facility

The Delhi High Court has directed the Delhi Police to take a 32-years-old, physically violent Schizophrenia patient to the Institute of Human Behaviour and Allied Sciences under Section 100 (responsibilities of other agencies) of the Mental Healthcare Act, 2017. 

A single-judge bench of Justice Prathiba M. Singh noted, “the son of the petitioner also needs to be placed under proper care and treatment, in order to ensure that he does not cause any further physical or mental damage to either of his parents and also to ensure that his own mental condition improves.

The writ petition has been filed by the mother of a physically violent 32 years old Schizophrenia patient seeking direction to provide medical treatment to her son while providing adequate police protection/assistance to the doctors.

The petitioner has stated that her son was diagnosed with `Schizophrenia’. Owing to the son’s mental condition, he would get aggressive towards his parents and also exhibit violent behaviour. He is further stated to have severely injured them on some occasions.

Advocate Tushar Sanu, appearing for the IHBAS, submitted that so long as the patient is brought to their facility, the IHBAS facility would take care of him.

Whereas, the bench directed the Delhi Police to ensure that the petitioner’s son, “…is taken to IHBAS facility and placed under their care, today itself, under police protection, in terms of section 100 of the Mental Healthcare Act, 2017.”

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The bench further directed, “Upon the Petitioner’s son reaching the IHBAS facility, the required protocols, in respect of his physical and mental conditions, shall be followed. COVID-19 testing shall also be conducted on him. Further, if the RT-PCR test is conducted upon the Petitioner’s son to determine the same, until the results come out, he shall be kept in the isolation ward.”

In addition to this, the bench has directed that the petitioner’s son will remain in care and treatment of IHBAS, and a report shall be filed at least two days before the next date of hearing.

The bench has listed the matter for further hearing on May 21.
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