Mumbai: Bombay HC orders recovered man be shifted to Taloja half-way home, flags mental health as larger issue | Mumbai News - The Times of India

Mumbai: Bombay high court on Friday directed shifting of a man declared fit for discharge from Thane Regional Mental Hospital to a half-way home in Taloja observing that there is a larger issue to be addressed."This will not be a singular case. There will be several such cases. This is a larger issue. If something can be done about that larger issue, then we would like to,'' said Justices Mahesh Sonak and Advait Sethna.On a petition by his friend seeking appointment of a legal guardian for X as he was suffering from schizophrenia, on Aug 7, HC directed X to be taken to the Thane hospital. On Aug 21, HC as a pro-tem measure appointed the secretary, District Legal Services Authority (DLSA) as legal guardian of his person and property.The friend's advocate Ketan Dhavle referred to DLSA's report that the hospital's medical superintendent stated there was reasonable improvement in X's mental health and he is fit for discharge. "Discharge cannot be construed as discharge to the society," said Dhavle, suggesting shifting X to a half-way home as an interim measure so that his further improvement can be monitored.Psychiatrist Dr Harish Shetty, one of two amicus curiae assisting the court, endorsed the suggestion but cautioned against X being made to rest without activities. State's advocate Vrushali Raje said X could be shifted to govt-empanelled half-way homes in Vajreshwari near Bhiwandi or Taloja. The judges noted there was consensus that rather than X coming back to the apartment where he lives alone, it is better that he goes to a half-way home. His friend opted for Taloja so that he could visit him.The judges directed the medical superintendent to issue a discharge certificate and make necessary arrangements for shifting X to the Taloja home. They also directed the Taloja home "to admit and care" for X until further orders. They directed the commissioner of Disabilities Department to appoint a responsible officer to ensure X's shifting and admission. "All these processes must be completed within a week...," they added. Raje informed that as the Taloja home is govt-funded, there would be no question of payment for shifting, admission and maintenance of X. The judges posted the matter for hearing on Nov 26 indicating they will consider two kinds of issues. Under the Mental Health Care Act, 2017 or any other legislation, if there are certain things the State has to do, they could issue directions. If there is no direct constitutional or statutory provision, they can ask the government to consider expert suggestions.