Chandigarh: Expressing strong displeasure over the prolonged delay in implementing the Mental Healthcare Act, 2017, the Punjab and Haryana High Court has directed the Chief Secretaries of Punjab and Haryana to personally examine the issue and file affidavits detailing compliance with the Act and the court’s earlier directions.
The High Court has also directed the Chief Secretary of the Union Territory of Chandigarh to submit an affidavit regarding the constitution of the statutory bodies mandated under the Act, including the State Mental Health Authority and the Mental Health Review Board.
The matter has been listed for further hearing on August 27.
HC Calls Delay ‘A Matter of Serious Concern’
The directions were issued by a Division Bench comprising Ashwani Kumar Mishra and Rohit Kapoor.
The Bench observed that despite repeated judicial directions, the provisions of the Mental Healthcare Act have not been implemented as expected by the states.
“It is unfortunate that despite repeated orders passed by this court, the provisions of the Mental Healthcare Act, 2017, have not been implemented in the manner as was expected from the states of Punjab and Haryana,” the Bench observed.
Noting that nearly eight years have elapsed since the law came into force, the judges remarked that its provisions were still not being implemented in their entirety.
Terming the situation unacceptable, the court said, “This is a matter of serious concern.”
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Haryana Yet to Constitute Key Mental Health Bodies
The High Court noted that although Haryana had apparently framed the Rules under the Mental Healthcare Act, it had failed to establish key institutions required under the legislation.
According to the Bench, neither the State Mental Health Authority nor the Mental Health Review Board had been constituted, and several other statutory obligations under the Act also remained unfulfilled.
The court observed that merely framing rules was insufficient unless the institutional framework envisaged under the Act was put in place.
Punjab Seeks Time; Chandigarh Asked to File Affidavit
Regarding Punjab, the court recorded that the state had sought one week’s time to file its affidavit on compliance.
The Bench also directed the Chief Secretary of Chandigarh to file a detailed affidavit confirming whether the mandatory authorities under the Act had been constituted to safeguard the rights of persons living with mental illness.
The affidavit is expected to clearly indicate the status of the State Mental Health Authority and the Mental Health Review Board in the Union Territory.
Court Highlights Welfare Objective of the Law
Emphasising the significance of the Mental Healthcare Act, 2017, the High Court observed that the legislation was enacted to protect one of the most vulnerable sections of society.
The Bench noted that persons suffering from mental illness are often unable to adequately protect their own interests, making it the responsibility of the state to fully implement the safeguards provided under the law.
The judges stressed that governments are under a statutory obligation to ensure that every requirement under the Act is implemented without delay.
Chief Secretaries Asked to Personally Examine Compliance
Seeking accountability at the highest administrative level, the High Court directed the Chief Secretaries of Punjab and Haryana to personally examine the issues raised in the case and submit affidavits reporting compliance with both the provisions of the Act and previous directions issued by the court.
The order signals the court’s intent to closely monitor the implementation of the Mental Healthcare Act across the two states and the Union Territory.
PIL Seeks Community-Based Care for Persons with Mental Illness
The directions came while hearing a Public Interest Litigation (PIL) filed by Pushpanjali Trust through petitioner-in-person Aditya Rametra.
The petition seeks effective implementation of the Mental Healthcare Act, particularly Section 19(3), which mandates the establishment of community-based group homes for persons with mental illness.
It also urges the authorities to formulate a comprehensive policy for setting up such facilities within a specified timeframe, ensuring adequate rehabilitation and community-based support for persons living with mental health conditions.
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