Expressing serious concern over the failure to implement the provisions of the Mental Healthcare Act in their entirety despite the passage of nearly eight years, the Punjab and Haryana High Court has directed the Chief Secretaries of Punjab and Haryana to personally examine the issue and file affidavits reporting compliance with the statute as well as the court’s earlier directions.The Chief Secretary of the Union Territory, Chandigarh, has also been directed to file an affidavit regarding the constitution of the requisite authorities mandated under the Act.”It is unfortunate that despite repeated orders passed by this court, the provisions of the Mental Healthcare Act, 2017, have not been implemented in the manner as was expected from the states of Punjab and Haryana,” the Division Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor observed. The Bench observed that Haryana had “apparently” framed the Rules under the Act, but “neither the State Mental Health Authority and Mental Health Review Board have been constituted, nor other steps required to be taken under the Act of 2017, have been undertaken.”As regards Punjab, the court noted that the state had sought a week’s time to file an affidavit. Referring to the significance of the legislation, the Bench observed that the Mental Healthcare Act, 2017, “is an enactment brought in for welfare of such section of population, which is not well-equipped to take care of itself. In such circumstances, it becomes the obligation of the state to ensure that necessary steps, as are required by the Act, are taken forthwith.”The court further observed “although, nearly eight years have gone by, since the Act of 2017 itself was implemented, yet the provisions thereof have not been implemented in its entirety”. Terming the situation unacceptable, the Bench added: “This is a matter of serious concern.”Calling for accountability at the highest administrative level, the High Court directed: “We call upon the Chief Secretary of the States of Punjab and Haryana to examine the issues raised in the present matter, and to file their personal affidavit in the light of the previous orders passed by this court, reporting compliance of the provisions of the Act, and the directions issued earlier.”The Bench also directed the Chief Secretary, Union Territory, Chandigarh, to file an affidavit “clearly indicating that requisite authorities i.e. State Mental Health Authority and Mental Health Review Board, in terms of the Act, have been constituted for protection of the right of persons suffering with mental disability.” The matter has been listed for August 27.The directive came in a public interest litigation filed against the State of Punjab by Pushpanjali Trust through petitioner-in-person Aditya Rametra. Among other things, the petitioner sought initiation of appropriate steps to establish community-based group homes for persons with mental illness, as mandated under Section 19(3) of the Mental Healthcare Act, 2017. The petition also prayed for the formulation of a comprehensive policy for the same within a stipulated timeframe.


