Karnataka High Court Issues Notice To Centre Over Prohibition Of Electro Convulsive Therapy For Treating Patients With Mental Illness

A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum issued the notice and directed the respondents to file their statement of objections within four weeks. The court also permitted the petitioner, Dr. Vinod G Kulkarni to implead National Institute of Mental Health and Neurosciences (NIMHANS) as a party respondent to the petition.

The court said, "Whether the ECT can be given or not has to be answered by some expert body. Therefore, we permit the petitioner to implead NIMHANS, through its Director, for obtaining expert opinion."

The petition states that it is well accepted that patients with mental illnesses can harbour suicidal ideas and make suicidal attempts. He claims that ECT, erroneously called Shock treatment, if used in the above-mentioned illness as an emergency treatment and treatment of choice can undo suicidal ideas and attempts.

Further, it is said that by administering modified ECT, the mentally affected patients can be saved from death due to suicide or any other disastrous consequences.

The plea quotes Section 94 which reads thus:

94. (1) Notwithstanding anything contained in this Act, any medical treatment, including treatment for mental illness, may be provided by any registered medical practitioner to a person with mental illness either at a health establishment or in the community, subject to the informed consent of the nominated representative, where the nominated representative is available, and where it is immediately necessary to prevent— (a) death or irreversible harm to the health of the person;or (b) the person inflicting serious harm to himself or to others; or (c) the person causing serious damage to property belonging to himself or to others where such behaviour is believed to flow directly from the person's mental illness

However, the explanation clause 3 of the said section reads thus: (3) Nothing in this section shall allow any medical officer or psychiatrist to use electroconvulsive therapy as a form of treatment.

"This is tantamount to being massively contrary to one another. The contradictory statements suffer from the vice of the doctrine of colourable legislation", the plea says. It is also claimed that the prevention of use of the ECT as a form of treatment violates the rights guaranteed under Articles 14 and 21 for the patients.

The petition prays for appropriate orders/directions to the respondents to allow the use of ECT treatment on patients who harbour suicidal ideas, by a qualified psychiatrist with a minimum degree of MD (Psychiatry) from a recognised University. Further, to appoint a joint expert committee headed by retired Supreme/ High Court judge and comprising heads of Department of Psychiatry of Central Institutes like NIMHANS, PGI Chandigarh etc.

The matter will be next heard on October 27.

Case Title: Dr Vinod G Kulkarni v. Union Of India.

Case No: WP 15931/2021.