Author: Mahesh Kumar Gupta

Introduction

Recently, the Bombay High Court highlighted the “pressing need for a system to deal with mentally ill persons”. Because due to rapid urbanization and the decline of joint families many individuals suffering from mental illness are left to live alone .While the Mental Healthcare Act of 2017 (MHCA 2017) marked a significant step in recognizing to mental healthcare and dignity but this act not address those who have no caretakers or family members like in the UK, the Mental Capacity Act, 2005 provides a proper guardian system for mental ill person living alone but in India it is not there. This gap highlights the urgent need for comprehensive legal reform to ensure adequate protection and support for such vulnerable individuals.

Current Legal Framework

Mental health is important because it affects how we think, feel, and behave every day. If a person’s mental health is poor, they may feel sad, stressed, or unable to work effectively. To address such issues, several mental healthcare laws have been enacted, the most significant being the Mental Healthcare Act, 2017 (MHCA).. The Act guarantees the right to mental healthcare, provide access to affordable treatment, and upholds the dignity and autonomy of persons with mental illness. The most supreme provision of the MHCA 2017 is Decriminalization of Suicide. Section 115 of the Act presumes that any person who attempts
suicide is suffering from severe stress and, therefore, will not be punished under the Indian Penal Code. Instead, the government is obligated to provide care, treatment, and rehabilitation to such individuals.
There is also a critical piece of legislation that runs in parallel with the MHCA 2017, but serves a distinct purpose. National Trust Act is a welfare-oriented law aimed at providing support and legal protection for a specific group of disabilities. It allows for limited guardianship and the protection of property and rights of individuals who cannot fully care for themselves. There is also a critical piece of legislation that runs in parallel with the MHCA 2017, but serves a distinct purpose. National Trust Act is a welfare-oriented law aimed at providing support and legal protection for a specific group of disabilities. It allows for limited guardianship and the protection of property and rights of individuals who cannot fully care for themselves.

However, despite these progressive measures the patient need family or caretaker. For individuals with no social support, this crucial provision becomes meaningless. This legal vacuum create disparity between the law on paper and its practical application.

Legal Interpretation

Recently a significant observation came from the Bombay High Court in 2024. While hearing a petition for a man with schizophrenia living alone, the court explicitly noted the “pressing need for some facility to cater for such patients.” This judicial observation is a powerful admission that the existing legal framework and welfare measures are inadequate for individuals without a family support system. Here court expressed serious concern about the plight of mentally ill person who left to live alone these individuals often face multiple risks for example health hazards, self-harm or suicide and easily exploited by fraudsters. In such circumstances, the State is expected to act as Parens Patriae for these vulnerable individuals .Courts have repeatedly held that the right to health and medical care forms an integral part of the right to life under Article 21 of the Constitution.
In cases such as Parmanand Katara v. Union of India (1989), the Supreme Court stressed that the State has an obligation to preserve human life. It becomes clear that the State’s duty is even greater when individuals in question are mentally ill and lack any family or social support. It is the constitutional obligation of the state.

In summary, the legal interpretation of this issue by the judiciary is one of both legal and social responsibility. It is moving beyond a rigid reading of the law to an activist and compassionate stance, using its constitutional powers to address the very real gap that leaves persons with mental illness living alone without a safety net.

The Impetus for Reform

India is also a signatory of the UN Convention on the Rights of Persons with Disabilities (CRPD). This convention emphasize the right of persons with mental illness to live in the community with equal support. Article 21 guarantees the right to life and dignity. Ignoring the plight of mentally ill persons living alone amounts to a denial of this fundamental right.

In today’s modern era nuclear family increasing and more individuals will face loneliness problem so to overcome with that we need a strong law that deals with this problem. Effective legal reform can prevent exploitation, homelessness, and tragic outcomes such as suicide. By introducing monitoring and community care systems, the State can act before crises occur.

Proposed Reforms & Recommendations

To fill the legal and social vacuum surrounding mentally ill persons who live alone, a combination of legislative amendments and policy measures is necessary. Some key recommendations are:

Community Guardianship Model
In United Kingdom for Mental ill person there is a Mental Capacity Act, 2005. It lays down procedures for determining capacity, appointing guardians (called deputies). In this way our government can also provide legal guardians(such as NGOs, social workers, or local bodies) who can be legally empowered to support individuals living alone.

Periodic Health and Welfare Monitoring
Local health departments, along with mental health professionals, should be mandated to conduct regular check-ups for registered individuals living without caregivers. Government-run shelters Government should provide safe housing facilities where good quality of treatment should be provided, live with dignity while still maintaining their independence.

Legal Aid and Counseling Cells
Establish special legal aid units within District Legal Services Authorities (DLSAs) to handle the concerns of mentally ill individuals living alone, ensuring they are not denied justice.

Integration of Technology
Use of AI-based legal and health chatbots (like LawPal, Tele-law, etc.) can provide round-the-clock support for emergency situations, legal awareness, and mental health guidance.

Revising the Nominated Representative (NR) Provision
The law should include a provision for a Court-Appointed Guardian for individuals who cannot or do not appoint their own NR. This guardian, perhaps a state-appointed public trustee or a professional from a registered mental health organization, would ensure the individual’s rights are protected and that their treatment wishes are honored when they lack capacity. This is a critical step to ensure no one is left without a legal voice.

Conclusion

The issue of mentally ill individuals living alone exposes a critical flaw in India’s mental health law. India Mental Healthcare Act, 2017 have rights-based framework it falls short in practice when no caregiver or family member is present. Courts have acknowledged this gap and highlighted that the constitutional promise of right to life and dignity will remain unfulfilled for this vulnerable group. True reform requires the State and community to work together. By adopting community guardianship, regular monitoring, and strong legal aid mechanisms, India can create a system where mentally ill individuals are not abandoned by law or society. At last, mental health reform is not only a legal necessity but also a moral duty. A society is judged by how it treats its weakest members—and ensuring dignity for those who suffer in silence is the first step towards justice.