Delhi High Court
Mehraz Bano vs The Director Ihbas & Anr. on 3 May, 2021
$~19.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 160/2021
% Decided on: 3rd May, 2021
MEHRAZ BANO ..... Appellant
Through: Md.Azam Ansari, Adv. with
Md.Ashfaque Ansari, Adv.
Versus
THE DIRECTOR, IHBAS & ANR. ..... Respondents
Through: Mr. Tushar Sannu, Standing Counsel
with Ms.Ankita Bhadouriya, Mr.Shubham Jain,
Advocates for IHBAS along with Dr.Deepak,
IHBAS
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JASMEET SINGH
JUDGMENT
: D.N.PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
C.M.No.15695-97/2021 (exemptions)
For the reasons stated in the applications and in view of the present
prevailing situation, the present applications are allowed subject to just
exceptions. However, the applicant is directed to file duly signed and
affirmed affidavits within a period of one week from the date of resumption
of regular functioning of the Court.
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:06.05.2021
14:52:50
The applications are disposed of.
LPA No.160/2021
1. Being aggrieved and feeling dissatisfied by the order dated 28 th April,
2021 passed by the learned Single Judge in C.M.No.15457/2021 in W.P.(C)
No.4889/2021 (Annexure A-1 to the memo of this appeal), the present LPA
has been preferred by the original petitioner.
2. Having heard the learned counsel for the parties and looking to the
facts and circumstances of the case, it appears that the minor son of the
appellant (original petitioner) is undergoing treatment at the Institute of
Human Behaviour and Allied Sciences, New Delhi (hereinafter referred to
as 'IHBAS'). The appellant is having apprehension that the confidential
information with regard to the medical treatment and the sickness of the
patient, that is, her minor son could be shared with persons other than the
doctors who are treating him.
3. Learned counsel for the appellant has placed reliance upon Section 5
and Section 23 of the Mental Health Care Act, 2017 to be read with a
decision delivered by the Hon'ble Supreme Court in Justice
K.S.Puttaswamy (Retd.) vs. Union of India & Ors.,(2017) 10 SCC 1 and
submitted that the information with regard to medical treatment taken by the
patient and the sickness from which the patient is suffering from, should not
be shared with anyone else except the doctors of IHBAS who are treating
the patient.
4. Learned counsel for the respondents submitted that they have already
given an undertaking before the learned Single Judge which is also noted in
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:06.05.2021
14:52:50
paragraph-5 of the impugned order that apart from the team of treating
doctors, consisting of Dr. Amit Khanna, the Head of the Department, as also
the Director, who is also a psychiatrist, no one else is permitted to access the
record of the patient and that the file record has also been maintained
securely by the treating doctors. It is also submitted by the learned counsel
for the respondent that, in fact, the application preferred by the original
petitioner being C.M.No.15457/2021 in this regard has been allowed by the
learned Single Judge. Moreover, the writ petition is already pending before
the learned Single Judge which is now adjourned to 23 rd August, 2021.
5. In view of the above, it appears that the information with regard to
sickness from which the patient is suffering from and the treatment which he
is taking is not going to be shared by the respondents with any third party.
Now, the question remains whether only the doctors who are giving
treatment should know or the Head of the Department and the Director of
the Institution should also know the nature of illness and the treatment given
to the patient. In this regard Section 23(2)(b) of the Mental Health Care Act,
2017, reads as under:-
"23. Right to Confidentiality -
(1) xxx xxx xxx
(2) All health professionals providing care or treatment to a
person with mental illness shall have a duty to keep all such
information confidential which has been obtained during care or
treatment with the following exceptions, namely:--
(a) xxx xxx xxx
(b) release of information to other mental health professionals
and other health professionals to enable them to provide care
and treatment to the person with mental illness;"
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:06.05.2021
14:52:50
6. As is clear from a reading of the above provision that an exception
has been carved out in the Act itself so that proper care and treatment could
be provided to the person with mental illness. In our view also, it ought to
be kept in mind that the Head of the Department and the Director of IHBAS
ought to know the nature of sickness and the treatment of the patient.
This is for the welfare of the patient. It ought to be kept in mind that to
ensure whether the treatment is going on in correct direction or not, it has to
be monitored by the Head of the Department and the Director of the IHBAS.
7. Sometimes, the doctor, who is giving treatment may also require
consultation with the Head of the Department and Director of the Institution.
This consultation is not just for nothing. On the contrary, such
consultation may prove helpful in giving treatment of the patient. It is like
in the case of lawyer's argument; whenever, main lawyer is arguing the
case, he/she is always taking assistance from the other junior lawyers
associated with him/her and vice versa. Therefore, in medical field also
whenever treatments are given by a particular doctor or doctors, the Head of
the Department and the Director of the Institution should also know the
nature of the sickness and the nature of the treatment being given to a
patient.
8. Looking to paragraphs No. 4 to 6 of the impugned order of the learned
Single Judge dated 28th April, 2021 passed in C.M.No.15457/2021 in
W.P.(C) No.4889/2021, no error has been committed by the learned Single
Judge and we are in full agreement with the reasons given by the learned
Single Judge in the impugned order. Therefore, we see no reason to
entertain this appeal.
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:06.05.2021
14:52:50
9. We direct the respondents that the information about the sickness of
the patient and the nature of the treatment being undertaken by the patient,
shall not be shared with any third party except whatever has been stated by
the respondents in paragraph No.5 of the impugned order.
10. With these observations, this appeal is dismissed.
CHIEF JUSTICE
JASMEET SINGH, J
MAY 03, 2021
'anb'
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:06.05.2021
14:52:50
