Delhi HC Summons Health Secretary Over Delay In Establishing State Mental Health Authority Under Mental Health Act, 2017
The Delhi High Court recently sought the presence of the Secretary (Health) of the Delhi government before it found that it was unfortunate that a permanent State Mental Health Authority under Mental Health Act, 2017, was not constituted to date.
The Division Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula clarified that that “in case the permanent State Mental Health Authority is constituted as per the requirement of Sections 45 & 46 of the Mental Health Act, 2017, the personal appearance of the Secretary (Health), GNCTD, shall be dispensed with without further reference to the Court.”
Two PILs were filed seeking the constitution of the authority as per the mandate of the law one of which was filed by Advocate Amit Sahni. Standing Counsel Tushar Sannu appeared for the Respondents.
On November 25, 2022, this Court was informed by the Standing Counsel for Respondent No.1 that the process for reconstitution of the State Mental Health Authority as per the requirements of Sections 45 and 46 of the Mental Health Act, 2017, and the Mental Healthcare (State Mental Health Authority) Rules, 2018 is underway and shall be finalized soon. This Court, based on the statement made by the Standing Counsel, had granted time to the Respondent No.3 and also directed to file a status report.
On finding that the same had yet not been done the Court observed:
“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 further listing the matter on September 15, 2023 directed the State Government to comply with all the other statutory provisions under the Mental Health Act, 2017 and the Mental Healthcare (State Mental Health Authority) Rules, 2018 including the constitution of District Mental Health Authorities.
Cause Title: Amit Sahni v. Govt. Of NCT Delhi & Ors.
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