In a significant move aimed at strengthening the protection of persons with mental illnesses, the Supreme Court has transferred a public interest litigation (PIL) concerning the effective enforcement of the Mental Healthcare Act, 2017 to the National Human Rights Commission (NHRC). The Court directed the NHRC to take charge of monitoring compliance with the provisions of the Act and to ensure that the statutory framework envisioned for safeguarding the dignity and rights of mentally ill individuals is properly implemented across the country.
The Bench comprising Justice P.S. Narasimha and Justice R. Mahadevan noted that the NHRC, being the principal statutory authority for the promotion and protection of human rights in India, is institutionally best equipped to oversee the systemic issues raised in the petition filed by Advocate Gaurav Kumar Bansal in 2018.
“The National Human Rights Commission shall continue to monitor the implementation of the Mental Healthcare Act, 2017, including the concerns highlighted in this petition,” the Bench observed, while formally concluding the proceedings before the Apex Court.
Taking note of the Union Government’s affidavit, the Court recorded that all statutory mechanisms contemplated under the Act, the Central Mental Health Authority (CMHA), the State Mental Health Authorities (SMHAs), and the Mental Health Review Boards (MHRBs), had been established to regulate mental healthcare institutions and uphold the rights of patients.
The Bench further clarified that additional aspects raised by the petitioner, including the humane treatment of individuals with mental illness and the prevention of rights violations within mental health facilities, shall fall within the NHRC’s continuing oversight.
Earlier, during the course of the hearings, the Apex Court had expressed deep concern over the tardy pace of implementation of the 2017 Act. On March 2, the Court had called upon the Centre to furnish a detailed affidavit outlining the constitution, functioning, and staffing of the statutory bodies mandated under the legislation.
The PIL, originally filed in 2018, had drawn attention to disturbing reports of patients being chained in faith-based asylums in Budaun, Uttar Pradesh, a practice described by the petitioner as “inhuman and degrading.” The Court, after examining photographic evidence, had observed that such treatment amounted to a “flagrant violation of human dignity” and offended the spirit of Article 21 of the Constitution, which guarantees the right to life and personal liberty. The Bench had categorically remarked that “the dignity of persons suffering from mental illness cannot be compromised under any circumstance.”
The petition argued that the continued non-implementation of the Mental Healthcare Act, 2017 by several states and Union Territories constituted a grave breach of the fundamental rights of persons with mental illness. It urged the Supreme Court to ensure the uniform enforcement of the Act’s key provisions, including humane treatment, community-based rehabilitation, and safeguards against arbitrary confinement or physical restraint.
Citing the National Mental Health Survey 2016, the petitioner had pointed out that nearly 14% of India’s population requires active mental health support, while approximately 2% suffer from severe mental disorders. Despite this alarming prevalence, the petition noted that systemic neglect, shortage of trained professionals, and inadequate institutional infrastructure continued to deprive affected individuals of their legal and constitutional entitlements.
The Mental Healthcare Act, 2017, which came into force on May 29, 2018, replaced the earlier 1987 legislation, aligning India’s legal framework with global human rights standards, particularly the UN Convention on the Rights of Persons with Disabilities (UNCRPD). The law affirms the right of every person with mental illness to live with dignity, to be free from inhuman or degrading treatment, and to have access to affordable and community-based mental healthcare services.
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