#Mental Health Law

The Uttarakhand HC held that detention without dual expert certification under Section 89 of the Mental Healthcare Act, 2017 is unlawful and ordered petitioner’s release. It also clarified that addiction alone is not mental illness under the Act.

The Bombay High Court held the State liable for gross negligence leading to a patient’s death in Yerwada Mental Hospital, awarding Rs.22 lakh compensation by adapting motor accident claim principles to custodial death. This sets a precedent for calculating damages in mental health custodial cases, especially when dependents suffer permanent disability, reinforcing the state’s non-delegable duty under Article 21.