‘Wills & Preferences’ of Mentally Ill Person Not Clearly Defined for Nominating Representative; Courts Must Act as Parens Patriae: Allahabad High Court
The Allahabad High Court has raised a serious concern over the statutory vacuum in the Mental Healthcare Act, 2017, particularly regarding the absence of defined mechanisms to assess the "wills and preferences" of persons with mental illness. The Court observed that in such cases, the judiciary must act as parens patriae to protect their best interests. Background of the case The issue arose from a writ petition filed by Saurabh…
