Delhi HC Demands Explanation for Forced Detentions at De-Addiction Center
The Delhi High Court has ordered an investigation into allegations of involuntary detention
at a de-addiction center in the city. The court has directed the city authorities, including the
police, to conduct periodic random checks to ensure that no one is being held against their
will.
The case arose from a petition filed by a man who claimed that his friend had been forcibly
admitted to the de-addiction center, SABRR Foundation, by his wife. The petitioner alleged
that his friend was not allowed to meet anyone or communicate with the outside world.
The petitioner’s counsel argued that several individuals were being detained involuntarily at
the center, despite the Mental Healthcare Act, which requires the consent of the patient for
admission. The counsel for the center, however, claimed that the petitioner’s friend had
voluntarily sought treatment.
The court, headed by Justice Prathiba M Singh and Justice Amit Sharma, ordered the State
Mental Health Authority (SMHA), along with the Institute of Human Behaviour and Allied
Sciences (IHBAS), Delhi Police, and the Health Department of Delhi, to investigate the
allegations. The court also directed the authorities to conduct random checks of the
admission register to ensure that no one was being detained against their will.
The court noted that the SABRR Foundation had been issued a certificate of provisional
registration as a Mental Health Establishment by the SMHA. However, given the allegations
of forced detention, the court deemed it necessary to investigate the matter.
The court also ordered a medical examination of the petitioner’s friend, who was
subsequently discharged from the center. The medical report diagnosed him with Bipolar
Affective Disorder, but the court found that he did not require inpatient hospitalisation.
The court emphasized the importance of ensuring that individuals seeking treatment for
mental health issues are not subjected to forced detention. It noted that such practices
violate their rights and can have negative consequences for their mental health.
A bench led by Justice Prathiba M Singh mandated random inspections of the center’s
admission register to verify that no inpatient is staying against their will. The court issued
this order while hearing a petition filed by a man who claimed his friend had been forcibly
admitted to the center by his wife.
The petitioner’s counsel argued that the center housed several individuals who were being
detained involuntarily. The center’s counsel countered, asserting that the friend’s
admission was voluntary. However, the friend disputed this claim, stating that their
signature was obtained through coercion.
The court also directed random checks of the Admission Register in accordance with the
Mental Healthcare Act, 2017, particularly Section 89, which requires the patient’s consent
for admission. These checks would ensure that no inpatient remains at the center against
their will.
Upon inspection and verification, the authorities are to act in accordance with the law, the
court stated.
While the wife claimed her husband had a history of substance abuse and violent
episodes, the court directed that he undergo a medical examination by doctors at the
Institute of Human Behaviour and Allied Sciences. The court found that the husband was
diagnosed with Bipolar Affective Disorder but was currently in remission and did not
require inpatient hospitalization.
The court concluded that the petitioner’s friend could manage their own care with
adequate social support, especially considering their intention to move back to Hyderabad
and stay with a childhood friend.
