Delhi High Court directs health authorities to look into ‘involuntary admissions’ at govt-approved de-addiction centre

Seeking that his friend be produced before court, the petitioner alleged that no person was allowed to meet him or be in touch with him. The petitioner himself as well his friend were residents at a branch of the de-addiction centre. A division bench of the Delhi High Court has directed the State Mental Health Authority (SMHA), Institute of Human Behaviour and Allied Sciences (IHBAS), Delhi Police, and health department of Delhi government to “look into” allegations of involuntary admissions at a government-approved de-addiction and rehabilitation centre, Sabrr Foundation, in the Capital. The direction by the bench of Justices Prathiba Singh and Amit Sharma came on Monday while dealing with a habeas corpus petition moved by a man who alleged that his friend, who was diagnosed with bipolar disorder, was admitted to a de-addiction centre “forcibly” by his wife over purported substance abuse and episodes of violence. Seeking that his friend be produced before court, the petitioner alleged that no person was allowed to meet him or be in touch with him. The petitioner himself as well his friend were residents at a branch of the de-addiction centre. On July 29, the court had permitted the corpus (the man in question) to stay with his petitioner-friend at his residence while opining that the corpus be also examined by a board of experts constituted by IHBAS and inform the court whether the treatment being given to him is sufficient or requires any change. IHBAS, in its report dated August 11 that was submitted to the court on August 12, confirmed his diagnosis and ruled that he is currently in remission, requiring only outpatient management. The institute further said the man does not require hospitalisation at a rehabilitation centre. The court had thus permitted the man to stay with his friend. However, the petitioner further alleged before the court that the Sabrr Foundation has several inpatient individuals who are being detained and kept at the de-addiction centre on “an involuntary basis”. He said his friend too had stated before the court that signatures of inpatients are obtained forcibly at the time of admission stating that the admission is voluntary even though it could be involuntary. The court too noticed a “peculiarity” in the corpus’ case where two centres run by Sabrr Foundation had shown his admission on the same date, which, the court opined, “is inexplicable”. “Considering the allegation made today, the SMHA along with IHBAS, Delhi Police and Health Department of Govt. of NCT of Delhi shall look into the allegations made, and conduct periodic random checks to ensure that the inpatients in the Sabrr Foundation are not being detained forcibly,” the court said. “The Admission Register shall also be randomly checked in terms of the Mental Healthcare Act, 2017, especially under Section 89 titled ‘Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, up to 30 days (supported admission)’, which requires the consent of the patient being admitted,” it added.  

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