Mental Healthcare Act, 2017
Sections 3(5) & 105—Mental illness—Determination of a person’s mental illness alone shall not imply or be assumed that the person is of unsound mind unless he has been declared as such by a competent Court—Determination in terms of Section 105 of the Mental Healthcare Act cannot be prejudicial to the interest of respondent.
[Para 25]
Section 105—Mandate and purpose—Purpose of Section 105 of the Mental Healthcare Act is only with respect to an enquiry with regard to a person alleged to have a mental illness or not—Provision creates a statutory right in favour of any person who claims to have mental illness as provided for under Section 2(s) of the Act—Mandatory nature of the said provision does not leave any discretion with the competent court, in case such a claim is made during judicial process pending before it—Mandate of section is that, in case of such a claim, the competent court shall refer the same to the concerned Board as provided for in the said section—Competent court cannot prejudge the said claim before making appropriate directions under the said section.
[Para 16.4]
Protection of Women from Domestic Violence Act, 2005
Section 23—Grant of interim maintenance—Execution petition filed by respondent—Petitioner moved an application seeking exemption from personal appearance on ground of his mental illness (being suffering from Bipolar Affective Disorder, Generalized Anxiety Disorder, Depression and anxiety) and attention of court was drawn to Section 105 and 106 of the Mental Healthcare Act—Order of Metropolitan Magistrate issuing warrants of arrest against petitioner upheld by Additional Sessions Judge—Revision—Issue as to whether powers under Section 105 of the Mental Healthcare Act, should have been exercised and not with respect to consequences on the merits of the case before the Execution Court, in case, the petitioner is diagnosed with suffering from mental illness as provided under Section 2(s) of the said Act—Mental Healthcare Act is a special Act and by virtue of Section 120 of the said Act, the same has been given an overriding effect with respect to any other law for the time being in force—Section 105 of the Act creates a right in favour of a person who claims to suffers from mental illness as defined under Section 2(s) of the Act—Words used in the Section 105 of the Act are "the Court shall refer the same for further scrutiny" which is mandatory in nature—Documents annexed with present petition comprises of reports from various hospitals—Both the courts below did not take into account the report of CIMBS, but rather concentrated their finding on medical certificate issued by Family Physician and Gynaecologist with respect to his health condition of acute gastroenteritis with repeated vomiting, diarrhea, weakness and anxiety annexed with application moved for exemption on behalf of petitioner—Moreover, Section 105 of the 2017 Act, does not lay down any specific requirements of a document indicating a person suffering from mental illness—Contention of respondent with regard to fact that petitioner did not raise the issue of his mental illness to in any other prior proceedings pending before the parties cannot act as an estoppel with regard to his statutory right as provided for in the Mental Healthcare Act—Impugned orders of Magistrate and Additional Sessions Judge are set aside with liberty to petitioner to initiate appropriate proceedings in accordance with law—Petition allowed. [Mental Healthcare Act, 2017, Sections 2(s), 105 & 106]
[Paras 19 to 26]