L-G slams Delhi govt for constitution of SMHA

New Delhi: Delhi Lieutenant Governor (L-G) office on Monday said that the L-G perused the proposal put forth by the Health Department, endorsed by the Health Minister and the Delhi Chief Minister Arvind Kejriwal, regarding constitution of State Mental Health Authority (SMHA), with ex-officio members only.

“It is underlined at the outset that, in light of the severity, prevalence and neglect hitherto, the Mental Health Care Act was enacted in 2017 and to effectively address issues related to Mental Health, provided for an SMHA to be constituted in every State. It has been brought on file that Sections 45-46 of the Mental Health Care Act 2017 mandates establishment of a State Mental Health Authority (SMHA) by every State Government within nine months from the date the Act receives the President's assent," said the L-G office.

The Mental Health Care Act 2017 specifically provides that apart from ex-officio members who are government employees, the SMHA shall have an psychiatrist who is not in government service, one mental health professional, one psychiatrist social worker, one clinical psychologist, one mental health nurse (all with 15 years’ experience), two persons representing those who have or have had Mental Illness, two persons representing care givers and two persons representing NGOs, which provide services to people with mental illness.

"In the light of the above, it is surprising that the proposal for constitution of SMHA, after a lapse of more than five years since the enactment of the Act in 2017 has been put up now and that too, comprising only of ex-officio members. This cavalier approach exhibited by the Department in the constitution of such an important statutory authority is deeply disconcerting," the L-G office said.

It said that what was more concerning was that it took the Ministry of Health and Family Welfare, Govt. of India, requesting to take early actions in establishing SMHA, for the Delhi government to be shaken out of its inertia.

Even then GNCTD did not care to expedite such statutorily warranted action, and the proposal kept pending before the Health Minister for almost four and half months.

"I am constrained to flag this lackadaisicalness and expect that the Hon’ble Chief Minister will ensure appropriate measures to address such concerns in the future," L-G V.K Saxena said.

“However, considering the interest of the public at large, the proposal of the Health Department be advised to refer the proposal to the Ministry of Home Affairs, Govt. of India for seeking approval of President of India, in accordance with the provisions under Section 45D of Government of National Capital Territory of Delhi (Amendment) Act, 2023.

“Additionally, Health Department may also be advised to concurrently initiate the process for selection of the non-official members as per guidelines laid down in the Mental Health Care Act 2017 and Mental Health Care (State Mental Health Authority) Rules, 2018," the L-G office said.