The court mandated the expansion of Half-way Homes and emphasized the state's responsibility to facilitate the community integration of recovered mental health patients under the Mental Healthcare Act.

G.S. Sandhawalia, Chief Justice (Oral)

The present proceedings were initiated on account of a representation dated 10.07.2024, addressed to this Court, regarding the condition prevailing in the Himachal Hospital for Mental Health and Rehabilitation, Boileauganj (hereinafter referred to as ‘HHMH’) and the posting of certain officials, including respondent No.6 therein complaining about his posting there.

1 Whether reporters of Local Papers may be allowed to see the judgment?

2. Resultantly, Amicus Curiae was appointed vide order dated 24.09.2024 and the reply was filed. The Amicus has also taken pains to visit the Mental Hospital to place her report on the record. Vide order dated 02.04.2025, it was noticed as under:-

“Learned Amicus oCuriae appearing for the petitioner has filed report by raising the following important issues relating to the Himachal Pradesh State Mental Health Authority Boileauganj, Shimla:

a) That during the discussion with doctors, it found that in rthe case of the patients who are admitted at the instance/order of the Hon’ble Court, on the recovery of such patients the difficulty arises for their discharge and it becomes difficult to discharge them without further orders oof the Hon’ble Courts.

In my opinion there should be a streamlined mechanism for the discharge of the patients without involving complicated process of law for the doctors/hospital authorities.

b) it is very sad to know that even when the patients are fully recovered and hospital authorities/Doctors wants h to discharge them, their family members does not turn up despite repeated requests made by the doctors and leave them on their own.

c) It was also taken to my heart when the patients who have fully recovered as per the doctors and they were i repeatedly requesting the hospital authorities/Doctors and H also to me to get them discharged from the hospital and ask their family members to take them home, but the hospital authorities and doctors highlighted this problem to me, that despite the requests made by them one of the family members of the patients came to take them back.

d) That I also realized that for the medical tests, the patients are taken to other hospitals, instead of providing them the basic facilities like medical tests etc this hospitals itself. The staff also apprised me about the hardships faced by them in taking the mental patients to the other hospital for their medical tests.

That a mechanism needs to be created for the discharge of the patient who are recovered and to get them to their homes and regular monitoring should be there to ensure the well-being of patients by their family members.

That in my opinion, in order to maintain proper functioning of the hospital and taking proper care of the parties, maintenance of their sanitation and hygiene and for proper dealing/treatment friendly behavior by the staff, with the patients, there should be regular/frequent/surprise visits to the hospital, so as to ascertain the condition of the patient from time to time. So the interest of the patients should be duly taken care off.

2. As prayed, matter is adjourned, enabling the Respondents-State to file response by suggesting means and ways to deal with the issues raised by the Amicus Curiae in her report.

3. We appreciate theo caution and care taken by the Amicus Curiae who visited the Hospital and submitted her report.

4. Inspection report of the Magistrate has also been filed with the reply of respondent No.6. Respondent(s)-State is also directed to ensure removal of deficiencies pointed out b