Look into forcible detentions at de-addiction centre, says HC

Tribune News Service

New Delhi, August 19

The Delhi High Court has directed the city authorities, including the police, to investigate the alleged involuntary stay of inmates at a de-addiction centre in Nangloi here.

The court passed the order while dealing with a petition by a man who alleged that his friend had been admitted to the Sabrr Nasha Mukti Kendra forcibly by his wife and no person was allowed to meet him or be in touch with him.

A Bench led by Justice Prathiba M Singh has ordered that the authorities, including the State Mental Health Authority (SMHA), the Institute of Human Behaviour and Allied Sciences (IHBAS), Delhi Police and the Health Department of Delhi, conduct “periodic random checks” to ensure that no one is being detained against their will.

The petitioner’s counsel argued that the centre housed several individuals who were being detained and kept on an involuntary basis.

‘Conduct periodic checks’

• The court passed the order while dealing with a petition by a man who alleged that his friend had been admitted to the Sabrr Nasha Mukti Kendra forcibly by his wife
• A Bench has ordered that the authorities to conduct ‘periodic random checks’ to ensure that no one is being detained against their will

The counsel for the centre claimed that the petitioner’s friend was admitted voluntarily. This position was disputed by the friend who told the court that the signatures of the inpatients were obtained forcibly at the time of admission.

The court said the “admission register shall also be randomly checked in terms of the Mental Healthcare Act, 2017, particularly under Section 89, which mandates the patient’s consent for admission”.

The court’s order also addressed the situation of the petitioner’s friend, who, despite being diagnosed with bipolar affective disorder, was found to be in remission and did not require inpatient hospitalisation.

The Bench noted that it was “convinced” the individual could manage independently with sufficient social support. Consequently, the court allowed him to return to Hyderabad to live with a childhood friend.

While the wife alleged that her husband was known for substance abuse and had episodes of violence, the court directed that the husband, who was subsequently discharged, be medically examined by the doctors of the Institute of Human Behaviour and Allied Sciences.