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The Karnataka High Court on hearing PIL has issued notice to NIMHANS, Bangalore for closure of OPD and excluding mentally ill patients to obtain services and assistance.
The public interest litigation has been filed by the advocate, Jay Datt Bhatt stating that the order issued by the union ministry of home affairs on precautionary steps in combating covid19 pandemic clearly marks distinction to regular functioning of hospital and all relevant establishments to those which needs to be shut/ partially shut.
Contrary to the order passed by the central govt OP department in NIMHANS has been shut for more than two months now which shows the denial of services, therefore, caused infraction to the sole purpose of the Metal Health Care Act,2017.
As an aggrieved litigant, the advocate, Jay Datt pointed out to MOH&FW, govt of India which passed an notification concerning telemedicine practice and its guidelines enabling the registered medical practitioners to provide Health Care services using telemedicine "Psychiatrist" but surprisingly all the mental health-related professionals were excluded from the notification which marks clear inequality between mentally ill persons to physically ill persons.
Therefore advocates pointed out to the violation of rights of persons with mental illness to access health care, health services of affordable cost and sufficient access and availability of prescribed medicines. Inter alia, contended that persons with mentally ill also to be included in disaster management activities.
Upon the following observations advocate, Jay Datt sought reliefs which align to the rights of persons mentally ill and which is in not contrary to Mental Health Care Act,2017 and Disability Act,2016.
Thereby, Division bench comprising chief justice Abhay Shreeniwas Oka and justice Natraj Rangaswamy on hearing contentions made by petitioner has sent a notice against the closure of OPD in NIMHANS, Bangalore.
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