The Delhi High Court has expressed its concern over the non-constitution of a permanent State Mental Health Authority under the Mental Health Act, 2017, and the Mental Healthcare (State Mental Health Authority) Rules, 2018. The court has called for the presence of the Secretary (Health) of the Delhi government to address this issue.
The division bench, headed by Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula, issued the directive after observing that despite an assurance from the Delhi government last year, a permanent State Mental Health Authority has not been established as mandated by the law.
In its order dated August 2, the court emphasized that the absence of a permanent State Mental Health Authority is unfortunate and directed the Secretary (Health) to appear in court for the next hearing. The court also clarified that if the Authority is constituted in the future, the Secretary's personal appearance may be dispensed with.
The High Court has stressed the importance of complying with all statutory provisions under the Mental Health Act, 2017, and the associated rules, including the constitution of District Mental Health Authorities.
Two petitions seeking the enforcement of mental health law provisions prompted the court's response. One petitioner, Amit Sahni, stressed the need for mental healthcare services and protection of rights for individuals with mental illness. The petition demanded the formation of the State Mental Health Authority and District Mental Health Review Boards.
The court highlighted the requirement outlined in Section 73 of the Mental Health Act, which mandates the formation of mental health review boards for districts. Despite this legal requirement, the Delhi government has yet to establish a permanent State Mental Health Authority, relying on the interim authority constituted under the previous Act of 1987.
The petition emphasized the challenges individuals with mental health issues face due to societal stigma and discrimination. The plea also pointed out the need for free legal services for individuals with mental illness and called for policy action plans and sensitization programs by the Delhi State Legal Service Authority.
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