Delhi govt informs HC of constituting State Mental Health Authority

New Delhi: In response to a PIL, the Kejriwal government on Friday informed the Delhi High Court that it will take prompt measures to constitute the State Mental Health Authority (SMHA) in accordance with the Mental Healthcare Act, 2017, and the associated rules.

A division bench headed by Chief Justice Satish Chandra Sharma was dealing with the Public Interest Litigation (PIL) initiated by Advocate Amit Sahni sought the effective implementation of the Mental Healthcare Act, 2017.

According to the status report submitted by the Delhi government, Lieutenant Governor (L-G) Vinai Kumar Saxena has approved the proposal for the formation of the State Mental Health Authority.

Furthermore, he has directed that the proposal be forwarded to the Union Ministry of Home Affairs for the necessary approval of the President.

The report also mentioned that the L-G forwarded the proposal to the office of Chief Minister Arvind Kejriwal on September 11, and it will subsequently be referred to the Ministry of Home Affairs for President's approval.

In August, the high court showed disappointment over the non-constitution of the permanent State Mental Health Authority and directed the Delhi Health Secretary to appear before it on Friday.

Hence, the Delhi government has requested the court to excuse the personal appearance of official and has sought a two-month period for approval of the proposal by the competent authority.

The bench has directed the Delhi government to submit a fresh status report regarding the formation of the State Mental Health Authority.

The court will now hear the matter on November 28.

Sahni's contention is that the absence of functional mental health authorities has a detrimental impact on the treatment and care of individuals suffering from mental illnesses.

The bench had, during the last hearing, asked for Delhi government's compliance with Sections 45 and 46 of the Mental Health Act, 2017, and the Mental Healthcare (State Mental Health Authority) Rules, 2018.

It had further directed constituting district mental health authorities in line with the statutory provisions.

The court had said that despite the assurance given by the Delhi government's counsel in November, 2022, regarding the reconstitution of the State Mental Health Authority, no progress has been made in this regard.

"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 had observed.

In this matter, another individual has moved a plea alongside the PIL, also demanding the reconstitution of the State Mental Health Authority and the establishment of Mental Health Review Boards, as mandated by the new law.

The court had clarified that in case the Authority is constituted, the personal appearance of the Secretary shall be dispensed with.