2025:HHC:26555 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPIL No. 34 of 2024 Decided on: 05 th August , 2025 __________________________________________________ Court on its own motion ....Petitioner Versus State of H.P. and others ...Respondents ___________________________________________________ Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon'ble Mr. Justice Ranjan Sharma, Judge Whether approved for reporting? 1 For the Petitioner: Ms. Vishali Lakhanpal, Advocate, as Amicus Curiae. For the respondents: Mr. Pranay Pratap Singh, Additional Advocate General, for respondents No.1 to 5-State. Mr. Yash Sharma, Advocate, for respondent No.6. 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 Curiae 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 the 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 of 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 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 repeatedly requesting the hospital authorities/Doctors and 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. 2 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 the 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 by the Magistrate in the Inspection Report (R-6) by the next date. List for consideration on 21st May, 2025 before appropriate Bench.” 3. The State thereafter filed its response to the report. The Amicus has highlighted two aspects, namely, the fact that patients, who have to be treated were being taken to IGMC, Shimla, for conducting tests which has been met by the counsel for the State stating that the arrangement is being made wherein the Lab Operators as such at IGMC, Shimla, would be regularly visiting the HHMH, Boileauganj, to conduct necessary tests on the patients. 4. The other aspect which has been highlighted by the Amicus is regarding the fact that after treatment there is no such provision for discharge of the destitutes and there are only two Half-way Homes which look after the patients who 3 have been treated. The State in its counter has also said that the family members are also reluctant to get patients discharged from the said Hospital as patients require continuous follow up and regular maintenance and they require high support. It is also mentioned that two female Constables have been placed in HHMH for handling the female patients 5. Reference has also been made to Section 19 of the Mental Healthcare Act, 2017, which provides the right to community living for persons with mental illness, so that they have a right to live in, are be part of it and not be segregated from society and not continue to remain in a mental health establishment due to not having a family or not being accepted. It is the duty of the State as such to provide support by having Half-way Homes for such patients. 6. In this context, the State as such has referred to a few Half-way Homes being run and there is also a reference that sometimes patients are admitted by orders of the Courts and that the District Legal Services Authority should also be involved in the discharge and rehabilitation process of patients, whose families show reluctance in accepting them. 4 7. It has also been mentioned that there are two Half- way Homes of the State also and they are usually fully occupied. 25 beds are in these two Half-way Homes which are funded by the Department of Social Justice and Empowerment, H.P., and are being run by the NGOs in the name of Black Blanket Welfare Education Society Vill. Sagawan, PO Kunihar, Tehsil Arki, Distt. Solan and Sahyog Bal Shravan Viklang Kalyan Samiti Sahyog Half-way Home, NH-154, Village Maigal, PO Bijni, Tehsil Sadar, District Mandi, for females and males respectively. 8. Reference has also been made that a total of 628 patients were admitted in the HHMH between the year 2021 to 2025 and 137 were destitute and admitted through reception orders, who were dependent on their transfer to Half-way Home, after following the complete treatment. 9. The patients have been brought from almost all districts from the State and more Half-way Homes have to be established by the State, for enabling the long-term community management, so that they can be reunited with their families after receiving treatment and being declared fit for discharge by 5 the treating Psychiatrist, but not being accepted by the families and having been admitted voluntarily also by the said families. 10. It has also been highlighted that in the meeting of the District Mental Health Review Board held under the Chairmanship of the District and Sessions Judge, Shimla on 28.10.2024, it was decided that the matter be raised with the Department of Social Justice and Empowerment for expansion by opening one such Half-way Home throughout the State in each District. 11. The Director Empowerment of SCs, OBCs, Minorities and Specially abled (ESOMSA) was also requested for strengthening the said homes. 12. It has been mentioned that the NGOs are playing an exemplary role in the reconciliation of patients and reference has been made to the untiring efforts of Shradha Rehabilitation Foundation Kajrat, Mumbai Maharashtra, where 67 patients were reunited with their families including Surbi Social Awareness and Welfare Society VPO Nahan Nagroata, Pragpur District Kangra, where 15 patients were reunited with their families and Aastha Welfare Society Nahan, Sirmaur, 6 where 2 patients were reunited with families. 13. Resultantly, keeping in view the above, we close the present proceedings, as such, by appreciating the work that the Amicus has done. However, we also expect that the State will stand by its undertaking and take active steps to increase the number of Half-way Homes in a staggered manner, so that all the Districts are able to cater to the needs of the persons who require help under the Mental Healthcare Act, 2017. 14. Accordingly, the petition stands disposed of. Pending application(s), if any, also stand disposed of. ( G.S. Sandhawalia ) Chief Justice 05 th August , 2025 ( Ranjan Sharma ) (ankit) Judge 7