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Mental Healthcare Act implementation: HC seeks affidavits from Punjab, Haryana chief secys
The court also directed chief secretary, Chandigarh, to ascertain whether these requisite authorities have been constituted for protection of the right of persons suffering with mental disability by UT.
The high court has directed the chief secretaries of Punjab and Haryana to file their personal affidavits regarding implementation of the Mental Healthcare Act-2017 in the respective states.
“It is unfortunate that despite repeated orders passed by this court, the provisions of the Act have not been implemented in the manner, as was expected from the states of Punjab and Haryana,” the bench of acting chief justice Ashwani Kumar Mishra observed while hearing a clutch of petitions.
The public interest litigations (PIL) filed by Pushpanjali Trust, a welfare society seeking implementation of the law and others say it provides for availability of basic and emergency mental healthcare services at all community centres in the state, budgetary provisions for effective implementation, establishment of half-way homes and group homes, educational and training programmes for the education of persons with mental illness and rules ought to be framed for the implementation of the same. However, despite the lapse of eight years of law coming into force, there is little progress on the ground in the states.
The court observed that Haryana apparently has framed rules, but neither the State Mental Health Authority and Mental Health Review Board have been constituted, nor other steps required to be taken under the Act, have been undertaken. Punjab on the other hand had sought one week’s time to file an affidavit about these aspects.
“This law has been notified for welfare of such a section of the population, which is not well-equipped to take care of itself. In such circumstances, it becomes the obligation of the state to ensure that necessary steps, as are required by the Act, are taken forthwith. Although, nearly eight years have gone by, since the Act of 2017 itself was implemented, yet the provisions thereof have not been implemented in its entirety,” it said, adding that it is a matter of “serious concern” and directed chief secretaries to file their affidavits.
The court also directed chief secretary, Chandigarh, to ascertain whether these requisite authorities have been constituted for protection of the right of persons suffering with mental disability by UT.
In April, the high court had directed the two states to constitute the authority and board as mandated in law within a period of five weeks and also frame rules in accordance with the 2017 law. The matter will now be taken up on August 27.
