No Progress By Mental Health Authority In Five Years, State Counsel Handicapped Without Instructions: Bombay High Court Summons Secretary Health

"…for last almost five years no progress at all has been achieved by the Authority," the division bench of Justices NJ Jamadar and Gauri Godse noted observed and appointed Senior Advocate JP Sen as amicus curiae.

The court took strong exception to the lack of instructions by the State to the government pleader. Even a copy of the government resolution, dated October 20, 2018, constituting the State Mental Health Authority has not been furnished to him, it observed.

"At least copies should have been produced. The said Government Resolution would have given indication as to what was the mandate for the Authority when it was constituted," the bench said.

The bench was hearing a PIL by Dr Harish Shetty represented by Advocate Pranati Mehra against the non-implementation of the Mental Health Act of 2017, especially regarding a board to regularly assess the condition of patients in mental health facilities to ascertain if they can be assimilated back in society.

Earlier this week, the court had expressed dissatisfaction with the progress report submitted by the State. It noted that though the Authority was established in 2018, it has remained non-functional.

The authority had not conducted the mandatory four annual meetings and in fact held just five meetings since 2018. There were a lack of funds with a designated bank account being set up only this September, the court noted.

"The statutory fund, which is constituted from the contribution made by the State Government, does not have any corpus. Nothing is placed on record as when the amount would be transferred to the fund."

Regarding future activities to be undertaken by the authority, the court observed that the time-line given by the Principal Secretary is not satisfactory.

"It refers only to visits to schools and medical camps and rest of all clerical activities of hiring vehicles, office expenses, translation etc. There is no reference to obligations under Sections 29(prevention programmes on mental health), 30 (create awareness), 31(development training for personnel) and 32 (coordination with the government) of the Act."

The court further wondered why a government resolution was issued on 15 December 2022 for appointment of Chief Executive Officer of the State Mental Healthcare Authority, if the Authority was already established.

It directed the Chief Secretary to remain present in the next meeting to be held by the mental health authority and address the grievances.

"In light of these facts, we direct that the State Mental Authority shall hold a meeting before 9 January 2023 wherein all the issues highlighted by us above would be discussed. Considering the fact that for last almost five years no progress at all has been achieved by the Authority, we request the Chief Secretary of the State of Maharashtra to attend the said meeting so that issues highlighted by us can be addressed and resolved. The Chief Secretary will also look into the question of contributing funds of the State Mental Healthcare Authority as per section 52 of the Act."

The matter will now be heard on January 12, 2023.

Click Here To Read Order