State Mental Health Authority To Be Constituted Soon, Process Underway: Delhi Govt Assures High Court

The Delhi Government has informed the Delhi High Court that it will take necessary steps expeditiously to constitute State Mental Health Authority under Mental Health Act, 2017 and the Rules made thereunder.

The court has also been told that Vinai Kumar Saxena, Lieutenant Governor of Delhi, has approved the proposal for constitution of the authority and has also directed that the proposal be referred to the Union Ministry of Home Affairs for seeking necessary approval of the President of India.

The submissions have been made by the Delhi Government in its status report filed in a PIL moved by Advocate Amit Sahni seeking effective implementation of Mental Healthcare Act, 2017. It is his case that the lack of mental health authorities is adversely affecting the treatment of mentally ill persons.

The status report states that the LG has sent the file of the proposal to office of Chief Minister Arvind Kejriwal on September 11 and that the matter will be referred to the Ministry of Home Affairs for seeking President’s approval.

In August, the court had summoned Delhi Government’s Health Secretary after it expressed displeasure that the permanent State Mental Health Authority was not constituted in Delhi till date.

In this backdrop, the status report requested the court to dispense with the personal appearance of the official. The Delhi Government also sought two months time for approval of the proposal by the competent authority.

“In view of status mentioned above, the H&FW Department, GNCTD has taken and shall take necessary steps expeditiously towards constitution of SMHA in accordance with the directions as per requirements of the Mental Health Care Act, 2017 and the Mental Health Care (State Mental Health Authority) Rules, 2018, by pursuing the matter with MHA, GOI,” the response adds.

A division bench headed by Chief Justice Satish Chandra Sharma today directed the Delhi Government to file a fresh status report regarding the constitution of the authority and listed the matter on November 28.

In November last year, the court was informed by Delhi government’s counsel that the process for reconstitution of State Mental Health Authority is underway and shall be finalised soon.

Another plea tagged with Sahni’s PIL has been moved by man seeking reconstitution of the State Mental Health Authority and also for setting up of Mental Health Review Boards as provided under the new law.

Case Title: AMIT SAHNI v. GOVT OF NCT DELHI AND ORS. and other connected matter