No regulations yet on "minimum standards" for different categories of mental health establishments: PIL
Dec 08, 2020
New Delhi [India], December 8 : A public interest litigation (PIL) has been moved in Delhi High court stating that the Union of India and Delhi government have not notified or issued any regulations regarding "minimum standards" for different categories of mental health establishments.
The petitioner Gaurav Kumar Bansal, a practising lawyer stated in the PIL that the same plea was earlier filed by him which was disposed of by the High Court with the direction to respondents to treat the PIL as representation and decide it in accordance with the law and rules as soon as possible.
"However, even after a month, the respondents have failed to issue the "regulations" with respect to the "advance directive" and "minimum standards" related to different categories of mental health establishments as provided under Section 6 and Section 65 (6) of the Mental Healthcare Act, 2017 respectively," the fresh plea stated.
The PIL now will be heard on December 11 before the division bench of Justices DN Patel and Prateek Jalan.
Earlier, during the argument in the court, the advocate appearing for the Union of India informed the court that the Union Health Ministry has approved the minimum standard as well as regulations and has forwarded the same to the Ministry of Law and Justice, and soon the same will get "notified".
The plea also sought directions to issue regulations with respect to the manner of making advance directives as provided under Section 6 of the Mental Healthcare Act.
The petitioner, who claimed to be a mental health activist, said that his plea has been filed for providing benefit to various people suffering from mental illness.
He submitted the mental health establishments means any health establishment, including Ayurveda, Yoga, and Homoeopathy establishments, either wholly or partly meant for the care of persons with mental illness, established, owned, controlled or maintained by the appropriate government, local authority, trust whether a private or public corporation, co-operative society, organisation or any other entity or person, where a person with mental illness are admitted.
"But it does not include a family residential place where a person with mental illness resides with his relatives or friends," the plea said.
The plea submitted that Section 65 (6) of the Mental Healthcare Act, 2017 bounds the respondents to notify the minimum standards for different categories of mental health establishments within 18 months from the commencement of the Mental Healthcare Act, 2017.
Earlier on October 12, the Delhi High Court had asked the authorities to treat a public interest litigation (PIL) as representation seeking directions to notify "minimum standards" for different categories of mental health establishments as representation and decide on it in accordance with the law and rules as soon as possible.
