PIL seeks minimum standards for mental health establishments, HC issues notice
Dec 14, 2020
New Delhi [India], December 14 : The Delhi High Court on Monday issued a notice on a public suit that submitted the Union of India and the Delhi government have not notified or issued any regulations regarding the "minimum standards" for different categories of mental health establishments and regulations on the advance directive.
A bench of Chief Justice DN Patel and Justice Prateek Jalan, while seeking responses from the Union of India, the Delhi government, and others, asked why they were taking so much time for the implementation of important provisions of the Mental Healthcare Act 2017.
The High Court directed the respondents to file a reply and slated the matter for further hearing on February 5. However, Additional Solicitor General Chetan Sharma, appearing for the Centre government, submitted it will get notified very soon.
The public interest litigation, filed by advocate Gaurav Kumar Bansal, said the same plea, which was also filed earlier, was disposed of by this 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 passing of more than a month, respondents have failed to issue the "Regulations" with respect to making of advance directives and minimum standards with respect 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 said.
During the arguments on the earlier plea, the advocate appearing for the Central government had informed the court that the Union Health Ministry had approved the minimum standard as well as regulations and has forwarded the same to the Ministry of Law and Justice, and added that it will soon get "notified".
the fresh plea sought directions to issue regulations with respect to the manner of making advance directives as provided under Section 6 of the Mental Healthcare Act. Bansal, who is also 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.
