Delhi HC directs police to take senior couple's son to IHBAS
May 09, 2021
New Delhi [India], May 9 : The Delhi High Court on Sunday directed the Police to help senior citizen parents to take their son to the Institute of Human Behaviour and Allied Sciences (IHBAS) facility for his medical care ensuring that officers who are facilitating the service shall ensure that adequate protective measures in terms of wearing of masks and other COVID-19 appropriate behaviour are taken care of.
The court was hearing the petition filed by a woman seeking proper care of her 32-year-old son suffering from "bipolar disorder, psychosis and schizophrenia". The petition said the 32-year old man gets aggressive towards his parents and exhibit violent behaviour, and have severely injured the petitioner and her husband on some occasions.
The court directed Delhi Police to ensure that the petitioner's son is admitted to the IHBAS facility, and while he stays there, he should be given police protection, under Section 100 of the Mental Healthcare Act, 2017.
"All the officers who are facilitating the same shall ensure that adequate protective measures in terms of wearing of masks among other things are taken, " the court said.
The court also clarified that after the petitioner's son reaches the IHBAS facility, the required protocols, in respect of his physical and mental conditions, should be followed and he should be tested for COVID-19 infection. The court said that COVID-19 testing is being done through the RT-PCR method, then the petitioner's son should be kept in the isolation ward until the results come out.
The court also said that the petitioner's son should remain in the care and treatment of IHBAS, which should file a report before this Court at least two days before the next date of hearing May 21.
"...the son of the petitioner also needs to be placed under proper care and treatment, in order to ensure that he does not cause any further physical or mental damage to either of his parents and also to ensure that his own mental condition improves. This Court is convinced that the son of the petitioner is unable to take care of himself. In the previous hearings, the petitioner herself had appeared and also made submissions. Both the petitioner and her husband are senior citizens. Their safety and security are also of concern to the Court, " the court said.
The court also noted that the petitioner's son had tested positive for COVID-19 about 17 days ago. However, the petitioner counsel submitted that there ought not to be any apprehension about the same, since the quarantine/isolation period of the petitioner's son has already passed.
