Delhi HC sought for status reports of grievance redressal bodies set up under Mental Healthcare Act

The Delhi High Court has sought for the presentation of status reports on the current functioning of Mental Health Review Board and State Mental Health Authority after a plea had been filed which alleged that there had been no grievance redressal mechanism in Delhi under the Mental Healthcare Act, 2017.

The petitioner also sought for establishment of above stated two bodies, which are a major requirement provided under the provisions of Mental Healthcare Act, 2017.

In the instant petition, the 19-year old petitioner stated that he approached a psychiatrist at the VIMHANS, after he was diagnosed with Obsessive Compulsive Disorder in the year 2016. During the course of his treatment, he revealed to his psychiatrist the problems which he faced relating to his newly-explored sexual orientation.

In furtherance of his course with psychiatrist, the petitioner was referred for a Cognitive Behavioral Therapy. For one of his sessions, he had been accompanied by his mother and the clinical psychiatrist allegedly revealed the petitioner’s sexual orientation to her.

The petitioner alleged that this act of psychiatrist infringed his right to privacy and also the doctor-patient confidentiality which a doctor is supposed to maintain. The petitioner went ahead and alleged that certain provisions of Mental Healthcare Act, 2017 had also been violated.

The petitioner complained that such an act of psychiatrist led to cause him “severe distress” as his private information had been disclosed and this could’ve led to unacceptable consequences.

The petitioner stated that he filed a complaint against the psychiatrist appointed by the VIMHANS and the latter acknowledged the same. However, the hospital authorities failed to initiate any proceedings against their psychiatrist.

The petitioner wanted to approach the Mental Health Review Board but he got know that State Mental Health Authority only functions as MHRB. Also, the SMHA is an authority which had been set up under the repealed Mental Health Act, 1987.

The petitioner also mentioned in his petition that he approached the Delhi Government as well but no relief could be availed. As of now, the Delhi HC has sought for the status reports of these two bodies.