SC transfers PIL seeking implementation of law on mental health care to NHRC

New Delhi | The Supreme Court on Tuesday transferred to the National Human Rights Commission a PIL for the implementation of a 2017 law on safeguarding the rights and needs of persons with mental illnesses and asked it to monitor the matter.

A bench comprising Justices P S Narasimha and R Mahadevan said the rights body should monitor the petition filed by advocate Gaurav Kumar Bansal in 2018.

The top court took on record an affidavit filed by the Centre and noted that statutory authorities have been constituted to implement the Mental Healthcare Act, 2017.

It, however, noted that the petitioner has sought several other "prayers". These shall also be monitored by the NHRC.

The top court had previously said that Parliament enacted the Mental Healthcare Act in 2017 which contemplates establishment of a Central Mental Health Authority (CMHA), State Mental Health Authority (SMHA) and Mental Health Review Board (MHRB). On March 2, it directed the Centre to file an affidavit indicating the establishment and functioning of the three bodies.

The affidavit should also show the statutory and mandatory appointments to the authority and the review board.

On January 3, 2019, the apex court issued notices to the Centre, all states and Union Territories on the petition which claimed that non-implementation of provisions of the Act by the states and UTs was a gross violation of life and liberty of the citizens.

The PIL argued that persons with mental illnesses were chained in a faith-based mental asylum in Budaun district of Uttar Pradesh in violation of provisions of the Mental Health Care Act 2017. The court examined the photos of such patients calling it a matter of great concern.

The bench said chaining people with mental illness was violative of their rights under Article 21 of the Constitution, which deals with life and personal liberty, and their dignity cannot be compromised.

According to the PIL, chaining a person suffering from mental illness is a blatant violation of a provision of the 2017 Act which says that every such person shall not only have a right to live with dignity but he or she shall be protected from cruel, inhuman and degrading treatment.

Referring to the National Mental Health Survey 2016, the petitioner claimed that around 14 per cent of India's population requires active mental health interventions and around 2 per cent Indians were suffering from severe mental disorders.