The Punjab and Haryana High Court has held that an affidavit filed on behalf of Punjab’s Chief Secretary explaining why the rules under the Mental Healthcare Act, 2017, have not yet been notified is “in the teeth of the statutory provisions.”The Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor also held that despite steps having been taken under the Mental Healthcare Act, its provisions have not been implemented “in letter and spirit”, as the formation of the State Mental Health Authority in terms of the provisions of the Act has “remained a matter of empty formality”.The Court further directed Punjab and Haryana to place on record the annual reports of their respective state mental health authorities and directed the Chandigarh Administration to ensure that the Mental Health Authority is constituted within four weeks.The Bench also directed Punjab, Haryana and Chandigarh to ensure that “all necessary institutions contemplated under the Act are made functional”, so that the authorities constituted under the legislation are able to “effectively discharge the statutory obligations cast upon them” and “ensure availability of effective mental healthcare to the citizens”.The directions were issued in a public interest litigation filed by Pushpanjali Trust through its Managing Trustee, Aditya Vikram Rametra. At the outset, the Bench took note of the affidavit filed on behalf of Punjab’s Chief Secretary, stating that the rules had been approved by the Central Government but were yet to be notified as they were required to be placed before the Legislature.Referring to Section 121(2) of the Mental Healthcare Act, the Bench observed that the provision “clearly manifests that after obtaining of approval from the Central Government, the rule would have to be notified and thereafter the rule so made shall be placed before the appropriate Legislature”.The Bench consequently observed: “It is, therefore, that the affidavit filed by the Chief Secretary is in the teeth of the statutory provisions.” Counsel appearing for Punjab did not dispute the legal proposition and sought deferment of the proceedings by a week so that the State could take the necessary steps.The Bench noted that the Mental Healthcare Act, 2017, came into force on May 29, 2018. Section 45 provided for the establishment of a State Authority within nine months from the date “on which this Act receives the assent of the President”, by notification, “for the purposes of this Act, an Authority to be known as the State Mental Health Authority.”The Court further noted that the formation of the State Authority, the manner of filling vacancies and the functions of the Authority had been specified in Section 55. It also referred to Section 64, which dealt with the preparation of the annual report by the State Authority “in such form and at such time as may be prescribed by the State Government”.The Bench observed that the Act obligated the competent authority to frame rules and regulations, which were required to be notified and placed before the Legislature.“It transpires that though respective steps have been taken under the Act, its provisions have not been implemented in letter and spirit, as the formation of State Authority in terms of Section 45 has remained a matter of empty formality,” the Court observed.The Bench added that the Mental Healthcare Act was an “important Legislation” requiring it to be implemented by the authorities concerned of the Central Government as well as the State Governments in accordance with the provisions contained in the Act.“We reiterate that due sensitivity on the part of the officials of the State would be required for implementing the provisions incorporated in the Parliamentary Legislation. We expect the State authorities to be more careful in ensuring compliance of the Legislation.”Before parting with the order, the Bench asserted: “We, accordingly, direct the States of Punjab and Haryana as well as the Chandigarh Administration to ensure that all necessary institutions contemplated under the Act are made functional, so that the authorities constituted thereunder are able to effectively discharge the statutory obligations cast upon them and ensure availability of effective mental healthcare to the citizens.”The matter has been listed for October 5.