The Punjab and Haryana high court has directed both states to notify rules for the implementation of the Mental Healthcare Act, 2017, within 15 days.
The bench of chief justice Sheel Nagu and justice Sanjiv Berry also directed the Centre to take a decision regarding the rules sent by the Chandigarh administration on April 21 within 15 days.
The rules drafted by Haryana were approved by the Centre on January 8, and by Punjab on April 17.
“We are compelled to issue writ of mandamus to the state of Punjab as well as the central government, since the state government and the UT administration have taken years together to formulate the rules and send them to the central government for approval,” the court said while fixing the 15 days deadline.
The court was hearing a public interest litigation (PIL) filed by Pushpanjali Trust, a welfare society seeking implementation of the 2017 law. The law 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 also noted that except the UT, which has provided a group home in Sector 31, Punjab and Haryana have not detailed about such facilities. Haryana’s counsel had informed the court that a half way home for psycho-social rehabilitation centre has been established at Sampla in Rohtak. However, the dissatisfied court directed both the states to detail the same on the next date of hearing.
{{/usCountry}}The court also noted that except the UT, which has provided a group home in Sector 31, Punjab and Haryana have not detailed about such facilities. Haryana’s counsel had informed the court that a half way home for psycho-social rehabilitation centre has been established at Sampla in Rohtak. However, the dissatisfied court directed both the states to detail the same on the next date of hearing.
{{/usCountry}}The court directed the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh, to provide an update on the progress of its need-based survey for establishing group homes across all districts in Punjab by the next date of hearing. Additionally, the court has asked for detailed information regarding a similar survey being conducted in Haryana by AIIMS, New Delhi.
The court sought to know from both the states whether annual reports of the activities under the 2017 law are being conducted and whether reports regarding the same are being prepared in accordance with the law. The court gave Haryana five-week time to constitute a mental health board as mandated under the law.