Excerpt
The present petition was filed before the High Court, Delhi, by the Petitioner to seek directions to be issued to AIIMS concerning to admit the petitioner’s son who was suffering from a mental disorder.
Facts
In the present petition, the petitioner’s son aged 32-years started showing abnormal behavior since he was 17 years old. In 2006 he was diagnosed at AIIMS with `Bipolar disorder and Psychosis’. He was taken to doctors and hospitals and since 2006 was prescribed medications by the doctors at AIIMS. In 2019, he was then diagnosed with ‘Schizophrenia’. His aggressive behavior towards his parents and also exhibit violent behavior having severe injuries in several situations.
In July 2020, the petitioner’s husband got hip surgery owing to the son’s violent behavior. In August 2020, the petitioner was assaulted by her son. His behavior was reported by the petitioner to the SHO of the concerned area. The petitioner also filed a complaint under Sections 101/102 of the Mental Health Care Act, 2017 with Section 156(3) of the Cr. P.C was dismissed on 16.01.2021. A revision petition was preferred challenging the said order, which was also dismissed on 23.03.2021.
The Court issued vide order dated 26.03.2021 and sought a report from AIIMS where he was examined in February 2021 and the same was received from AIIMS.
Contentions before the Court
The Learned Counsel representing the petitioner had informed the Court that the petitioner was again subjected to violent physical behavior by her son and that she was currently admitted to the AIIMS Trauma Centre. It was also submitted that the petitioner’s son had been tested positive for COVID-19, about 17 days ago and that there ought not to be any apprehension qua the same, as on today, since the quarantine period of the Petitioner’s son had already been passed.
Whereas the Learned Counsel appearing for VIMHANS, submitted that the facility at VIMHANS was not operational, and doctors may not be available at VIMHANS, due to the COVID-19 condition.
Court’s Observation
The court observed that in the present case, it appeared that there was an urgent need to ensure the safety of the petitioner and also to safeguard them. The son of the petitioner also required urgent medical attention. Furthermore, he needed to be placed under proper care and treatment to ensure that he does not cause any further physical or mental damage.
Court’s Judgment
The Hon’ble Court decided that the medical reports, which were available and were a part of the record in respect of the petitioner’s son, shall be shared with Dr. Amit Khanna of IHBAS, to assist him in the care and treatment of the patient.
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