‘Unfortunate That Permanent State Mental Health Authority Not Constituted Till Date’: High Court Summons Delhi Govt’s Health Secretary

Observing that it is unfortunate that the permanent State Mental Health Authority under Mental Health Act, 2017, has not been constituted till date in the national capital, the Delhi High Court has asked Delhi Government’s Health Secretary to remain present before it on September 15.

“It is made clear that in case the permanent State Mental Health Authority is constituted as per the requirement of Sections 45 & 46 of the Mental Health Act, 2017, the personal appearance of the Secretary (Health), GNCTD, shall be dispensed with without further reference to the Court,” the division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said in an order passed on August 02.

The bech also directed the Delhi Government to comply with the statutory provisions under the Mental Health Act, 2017 and the Mental Healthcare (State Mental Health Authority) Rules, 2018, including constitution of district mental health authorities.

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.

However, since the same was not done, the court observed: “It is unfortunate that till date the permanent State Mental Health Authority under the aforementioned statute has not been constituted. Therefore, this Court is left with no option, but to direct that the Secretary (Health), GNCTD, remain present in Court on the next date of hearing.”

The court was hearing a public interest litigation filed 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.

Another plea tagged with the 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.

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

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