Develop protocol for providing legal aid to persons with mental health issues: Bombay High Court

The Bombay High Court recently asked the Maharashtra Legal Services Authority (MLSA) and State Mental Health Authority (SMHA) to collaborate and develop a protocol to provide legal assistance to persons with mental health issues [Dr Harish Shetty v. State of Maharashtra & Ors]. .A division bench of Justices Nitin Jamdar and MM Sathaye suggested the MLSA to consider an action plan for the upcoming year to focus on the right to legal aid for persons with mental illness.“A protocol can be developed where if the State Legal Services Authority comes across any person (including one in jail) with mental issues, steps can be taken as per the Act of 2017 and correspondingly, if any mentally ill person requires legal assistance and legal aid, the Maharashtra State Legal Services Authority can provide the same. It would be appropriate that both these Authorities develop a protocol for collaboration,” the Court said in an order passed on March 22. .The division bench urged MLSA to chalk out a programme to complement the efforts of the Maharashtra SMHA in addition to the NALSA (Legal Services to the Mentally III and Mentally Disabled Persons) Scheme.The scheme provides for visit to jails apart from legal aid given to prisoners..The directions came in a public interest litigation petition filed by Dr. Harish Shetty highlighting the serious issues of non-implementation of the Mental Healthcare Act in the State of Maharashtra. The Court was informed that under Section 56 of the Act, the State Mental Health Authority was mandated to meet no less than 4 times a year. .However, till August 2022 the authority was not functional, it was highlighted. It was only after the Court's directions that the authority was formed and held its first meeting in September. The Court had admonished the State government in December 2022 for the regrettable state of affairs for not implementing the provisions of the Mental Healthcare Act..In its 94-page judgment, the High Court gave 25 directions to make the State authority fully functional to ensure better care and rehabilitation of cured patients from mental health hospitals.One of the primary directive by the court was to order SMHA to prepare a comprehensive plan or protocol for rehabilitation of cured patients within 6 months.“It is open for SMHA to invite inputs from other stakeholders, such as mental health professionals and non-governmental organizations working in this field. The rehabilitation plan/ protocol should be reasonably flexible to adapt to the individual needs,” the Court said..Senior advocate JP Sen served as amicus curiae. Advocate Pranati Mehra appeared for Shetty.Senior advocate Vishwajeet Sawant and advocate Prabhakar M Jadhav appeared for the SMHA.Government pleaders PP Kakade and MM Pabale appeared for the State.Advocate Rebecca Gonsalves appeared for MLSA. [Read order]