The Bombay High Court has expressed concern over the absence of adequate welfare measures for individuals living alone who are physically or mentally incapable of caring for themselves. The Bench of Justice Revati Mohite Dere and Justice Neela Gokhale, while dealing with a plea seeking guardianship for a man suffering from schizophrenia, observed that the matter highlights glaring gaps in existing social and legal safeguards.
The petition was filed by a friend of the man, who sought appointment of a legal guardian to oversee his personal and financial affairs. Earlier, on August 7, the Court had directed the District Legal Services Authority (DLSA) secretary, along with officials from the Collector’s office and the police, to ensure that the man was shifted to the Regional Mental Hospital, Thane, for immediate care.
The medical report submitted on August 19 indicated a marked improvement in his condition. The doctors reported that he was receiving regular meals, had gained weight, and was cooperative, though he occasionally spoke irrelevantly. Further evaluation at JJ Hospital, Mumbai, was also suggested to assess underlying psychiatric concerns.
Taking note of the encouraging progress, the judges interacted with him via video conferencing. “We found Mr. S to be reasonably intelligent. He spoke clearly and expressed gratitude to the hospital staff and DLSA officials for the support extended to him,” the Bench recorded.
Given that the man has no immediate family to assume responsibility, the Court held that interim protection was necessary. As a temporary arrangement, the secretary of the DLSA was appointed as his legal guardian, vested with responsibility over both his person and property until further orders. Directions were also issued to manage his assets appropriately.
The judges underscored that the situation “amply demonstrates the urgent requirement for a structured framework” for individuals in similar predicaments.
The Court also referred to its earlier ruling in March 2024 concerning the implementation of the Mental Healthcare Act, 2017, which had emphasized the rights and dignity of persons with mental illness. Drawing from that precedent, the Bench signaled its intent to explore the formulation of a wider mechanism to address the systemic neglect faced by such vulnerable individuals.
The matter is now listed for September 11, when the Court is expected to issue further directions on both the personal guardianship of the petitioner and the broader policy mechanism under consideration.
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