The High Court of Karnataka on Thursday ordered issue of notice to the Central government on a PIL petition questioning the validity of prohibition imposed on the medical practitioners, including psychiatrists in the Mental Healthcare Act, 2017, from using electroconvulsive therapy (ECT) as a form of treatment for persons with mental illness.
A Division Bench comprising acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum passed the order on the petition filed by Vinod G. Kulkarni, neuropsychiatrist and social activist from Hubballi.
Consult expert
Stating that it is necessary for the court to take the opinion of an expert body on whether ECT can be used or not, the Bench asked Dr. Kulkarni to implead the Director of the National Institute Mental Health and Neuroscience (NIMHANS), Bengaluru, as a party to the proceedings for taking the opinion.
Section 94(3) of the Act, which prohibits use of ECT as a form of treatment, is contrary to the very object of providing emergency treatment to mentally ill persons, particularly those who have suicidal tendencies, the petitioner claimed.
“ECT, which is erroneously termed by people as ‘shock treatment’, if used in the cases mental illness leading to suicidal tendencies as an emergency treatment and treatment of choice, can undo suicidal ideas and suicidal attempts,” said Dr. Kulkarni in his petition.
‘Can be saved’
The petitioner also claimed that “by administering modified ECT, mentally affected patients can be saved from the death due to suicide or other disastrous consequences.”
While seeking a direction to quashed Section 94(3) and to direct the Centre to allow modified ECT as a form of treatment, the petitioner also requested the court to form a joint expert team comprising retired judges and experts from the mental health field to study the issue on need to use ECT as a form of treatment.
