Mehraz Bano vs Director, IHBAS & Anr.

D.N.Patel, CJ

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.

The applications are disposed of.

LPA No.160/2021

Being aggrieved and feeling dissatisfied by the order dated 28th 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.

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.

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.

Learned counsel for the respondents submitted that they have already given an undertaking before the learned Single Judge which is also noted in

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 23rd August, 2021.

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:â€"â€

(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;â€​

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.

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.

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.

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.

With these observations, this appeal is dismissed.