The Delhi High Court has issued notice in a plea seeking the enforcement of the Mental Health Act, 2017. .Notice was issued to the Delhi Government and Delhi Police by a Division Bench of Chief Justice DN Patel and Justice C Hari Shankar in a petition filed by advocate Amit Sahni. .The petitioner states that the Mental Health Act, 2017 was enacted to provide healthcare services to persons with mental illness and to protect, promote and fulfill their rights..It is the petitioner’s case that although a considerable period of time has lapsed from the day the Mental Health Act was notified, the Delhi Government has failed to constitute the State Mental Health Authority under the Act..The old authority as constituted under the previous Mental Health Act, 1987, is being continued as an interim measure only as per Section 126(2)(b) of the new Act, the petition states..Consequently, the Mental Health Review Board (MHRB), which is required to be constituted for a district or group of districts, has not been constituted in terms of the Act..It is argued that due to the non-constitution of the MHRB, several mandates under the Act are being side-lined, such as maintenance of online registers under Section 7, appointment of nominated representatives under Section 14(4)(e), application for admission and treatment in Mental Health Establishments by a nominated representative of the patient under Section 89, redressal of grievance against a decision of a mental health establishment under Section 77, and transfer of a person from one mental health establishment to another under Section 93..The petitioner has further alleged that the Delhi State Legal Services Authority (DSLSA) has not introduced any scheme till date to provide free legal service to persons with mental illness..It is added that a policy action plan needs to be chalked out by DSLSA to sensitize magistrates, police officers, and persons in charge of custodial institutions with respect to the provisions of the Act..The petitioner also seeks a direction to the Delhi Police to sensitize its workforce with respect to Section 100(7). The section mandates that in case a person with mental illness is found homeless or wandering in the community, an FIR of a missing person shall be lodged and the police shall be duty bound to trace the family of such person and inform them about the whereabouts of such person..The matter will be heard next on September 11.
The Delhi High Court has issued notice in a plea seeking the enforcement of the Mental Health Act, 2017. .Notice was issued to the Delhi Government and Delhi Police by a Division Bench of Chief Justice DN Patel and Justice C Hari Shankar in a petition filed by advocate Amit Sahni. .The petitioner states that the Mental Health Act, 2017 was enacted to provide healthcare services to persons with mental illness and to protect, promote and fulfill their rights..It is the petitioner’s case that although a considerable period of time has lapsed from the day the Mental Health Act was notified, the Delhi Government has failed to constitute the State Mental Health Authority under the Act..The old authority as constituted under the previous Mental Health Act, 1987, is being continued as an interim measure only as per Section 126(2)(b) of the new Act, the petition states..Consequently, the Mental Health Review Board (MHRB), which is required to be constituted for a district or group of districts, has not been constituted in terms of the Act..It is argued that due to the non-constitution of the MHRB, several mandates under the Act are being side-lined, such as maintenance of online registers under Section 7, appointment of nominated representatives under Section 14(4)(e), application for admission and treatment in Mental Health Establishments by a nominated representative of the patient under Section 89, redressal of grievance against a decision of a mental health establishment under Section 77, and transfer of a person from one mental health establishment to another under Section 93..The petitioner has further alleged that the Delhi State Legal Services Authority (DSLSA) has not introduced any scheme till date to provide free legal service to persons with mental illness..It is added that a policy action plan needs to be chalked out by DSLSA to sensitize magistrates, police officers, and persons in charge of custodial institutions with respect to the provisions of the Act..The petitioner also seeks a direction to the Delhi Police to sensitize its workforce with respect to Section 100(7). The section mandates that in case a person with mental illness is found homeless or wandering in the community, an FIR of a missing person shall be lodged and the police shall be duty bound to trace the family of such person and inform them about the whereabouts of such person..The matter will be heard next on September 11.
