LG VK Saxena pulls up Delhi govt for not having SMHA for mental illness

Sep 11, 2023

New Delhi [India], September 11 : Delhi Lieutenant Governor (LG) VK Saxena on Monday pulled up the Delhi government for not having in place a State Mental Health Authority (SMHA), for the welfare of patients with mental illness.
The LG said that it was only under pressure from the Centre that the Arvind Kejriwal government finally moved the proposal to constitute the Delhi SMHA after a delay of five years, however, only with ex-officio members.
Notably, the Central Mental Health Care Act of 2017 mandated to set up an SMHA for the welfare of patients with mental illness.
 
The LG slammed government apathy in this critical sphere and approved the proposal for the constitution of SMHA with directions to immediately initiate the process of appointing independent domain experts, patients and caregiver representatives and NGOs.
"I have perused the proposal put forth by the Health Department, endorsed by the Health Minister and the Chief Minister, GNCTD 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," a note from the LG's office said.
 
The Mental Health Care Act 2017, very specifically provides that apart from ex-officio Members who are government employees, the SMHA shall have an Eminent 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, the LG stated.
 
"...it is surprising that the proposal for constitution of SMHA, after a lapse of more than 05 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 LG office stated.
 
The LG stated in the note that only after the Health Ministry requested the Delhi Health Ministry to take action in establishing SMHA that it was "shaken out of its inertia".
However, the LG said, that even then the Delhi government 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," the LG said.
 
The LG also advised the Health Department 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.