The Delhi High Court has directed that a woman be taken to the All India Institute of Medical Sciences (AIIMS) for a mental health examination, while hearing a writ petition filed by her family alleging serious deterioration in her psychiatric condition and inaction by authorities under the Mental Healthcare Act, 2017.
Justice Purushaindra Kumar Kaurav, by an order dated February 4, 2026 along with a connected contempt petition, considered the plea moved by the woman’s mother and her brother, who claim to be her primary caregivers.
At the outset, the Court perused a psychiatric report submitted by the Institute of Human Behaviour and Allied Sciences (IHBAS) in a sealed cover. After examining the report, the Court directed that it be kept back in a sealed cover and returned to IHBAS through its counsel, without disclosing its contents.
During the course of the hearing, the Court queried Ms. X on whether she was willing to undergo a medical evaluation by a team of doctors. On her expressing willingness, the Court observed that, before taking any further view in the matter, an independent medical assessment would be appropriate.
Accordingly, the Court directed that Ms. X be taken to the All India Institute of Medical Sciences for a mental health examination. It ordered that two lady police constables be deputed by the Assistant Commissioner of Police concerned to escort her, and directed that the exercise be completed within seven days. The police station concerned has been asked to coordinate with AIIMS to fix an appointment and produce Ms. X before the medical team.
The Court further directed that, after the examination, a report be submitted before it in a sealed cover. It also ordered that the entire record produced by the parties in the proceedings be made available to the doctors at AIIMS for their perusal.
The writ petition alleges that Ms. X is suffering from a serious mental illness, with a history of aggression, refusal to take medication, and prolonged isolation, and that despite repeated representations, prior hospitalisation, and intervention by the Mobile Mental Health Unit of IHBAS, the police and mental health authorities failed to invoke their statutory powers under Sections 100 and 101 of the Mental Healthcare Act, 2017. The petitioners have contended that her condition poses an imminent risk to her own safety as well as to other vulnerable family members living in the same household.
The status report filed by Police presents that Ms. X as independent and functional in daily life, records her version of long-standing family disputes and allegations of harassment, and notes that while mental health professionals advised further psychiatric consultation, no immediate coercive or protective action was taken.
While the Court has not yet issued directions on the broader prayers seeking protective custody or compulsory admission to a mental health establishment, it has indicated that the outcome of the AIIMS evaluation will guide further consideration in the matter.
The case has been listed for 18th March, 2026.
Appearances:
For the Petitioner: Mr. N. Hariharan, Sr.Advocate with Ms. Rashmeet Kaur, Ms. Punya Rekha Angara, Ms. Vasundhara N, Mr.Aman Akhtar, Ms.Sana Singh, Mr.Arjan Singh Mandla, Advocates.
For the Respondent: Ms Avni Singh (Panel Counsel- GNCTD) With Mr Vaibhav Sharma, Advocates
Ms. Iram Majid CGSC with Mr.Shivam Parashar, Mr. Mohd. Suboor, Mr. Anis GP, Advocates for R-2.
Mr Vinay Kaushik Government Pleader
Mr Tushar Sannu, Standing Counsel, IHBAS, Ms. Shaoni Das, Advocate.
