Safeguarding Rights

The courts, including the Supreme Court of India, have stepped in on multiple occasions, flagging violations of the Mental Health Act

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MENTAL health in India remains a sensitive issue for the government and courts. Despite repeated Supreme Court interventions over violations of the Mental Health Act, breaches persist. These landmark judgements highlight how institutions and authorities have been held accountable by the judiciary.

“The Supreme Court and High Courts are very proactive, but district courts require more sensitisation for the stakeholders, including the judges, because the Mental Health is a new Act. The judiciary is a major stakeholder in these matters. We must do a lot as per the sensitisation of judges and public prosecutors in the district courts,” said advocate Gaurav Bansal.

Sheela Barse v. Union of India & Ors. (1992, Supreme Court)

In the Sheela Barse case, the Supreme Court took note of mentally ill persons being detained in West Bengal prisons under the archaic Lunacy Act of 1912. Barse, a social activist, alleged that the detainees had been wrongfully confined in inhumane conditions and had not undergone any psychiatric evaluation. The SC issued notice and constituted a two-member panel to look into the matter. The panel's investigation flagged systemic lapses across jails and mental health institutions in the country. including delays in psychiatric assessments for undertrials, instances of patients being kept in chains inside prisons, and in several cases, a complete lack of medical facilities. It also found that some individuals had been incarcerated indefinitely under outdated mental health laws.

The SC said that jailing people in these circumstances was unconstitutional and mandated medical assessments of the prisoners. The top court also directed states to implement the Mental Health Act, 1987 and establish visiting boards for oversight. Most importantly, the apex court held that only mental health institutions—not jails or prisons—should hold mentally ill people.