Supreme Court Transfers Plea on Implementation of Mental Healthcare Act to NHRC

The Bench of Justices P.S. Narasimha and R. Mahadevan observed that the NHRC, being a statutory authority empowered to protect and promote human rights, is best placed to monitor the issues raised in the petition filed by Advocate Gaurav Kumar Bansal in 2018.

“The National Human Rights Commission shall monitor the implementation of the Mental Healthcare Act, 2017, including the issues raised in the present petition,” the Bench said, while formally closing proceedings before the Court.

The Supreme Court took on record an affidavit filed by the Union Government, noting that the Centre had constituted all statutory bodies envisaged under the 2017 Act; the Central Mental Health Authority (CMHA), the State Mental Health Authorities (SMHAs) and the Mental Health Review Boards (MHRBs) , to ensure the protection of rights and access to mental healthcare services across the country.

However, the Bench clarified that the petitioner’s additional requests, including measures to ensure humane treatment of mentally ill persons and steps to prevent rights violations in mental health institutions, shall also fall under the NHRC’s ongoing monitoring.

Earlier, in a series of hearings, the Supreme Court had expressed concern over the slow pace of implementation of the Mental Healthcare Act and had, on March 2, directed the Centre to file an affidavit detailing the establishment, composition and functioning of the CMHA, SMHAs and MHRBs, as well as the appointments made to these statutory bodies.

The petition filed in 2018 had drawn the Court’s attention to the continued chaining of patients with mental illnesses in faith-based mental asylums in Budaun district of Uttar Pradesh, describing the practice as “cruel, inhuman and degrading.” The petitioner had produced photographs showing patients in chains, prompting the Court to term the matter “a grave violation of human dignity.”

The Bench had earlier observed that such practices violated Article 21 of the Constitution, which guarantees the right to life and personal liberty, and stressed that “the dignity of persons suffering from mental illness cannot be compromised under any circumstance.”

The PIL argued that the non-implementation of the 2017 Act by several states and Union Territories amounted to a gross violation of the fundamental rights of persons with mental illnesses. It urged the Court to ensure that all provisions of the Mental Healthcare Act are enforced uniformly across India, including the requirement for humane treatment, community-based rehabilitation, and protection against arbitrary detention or restraint.

Citing the National Mental Health Survey 2016, the petitioner pointed out that nearly 14% of India’s population requires active mental health intervention, and that about 2% of Indians suffer from severe mental disorders. He argued that despite the alarming prevalence of mental illness, institutional neglect, lack of trained professionals, and inadequate infrastructure continued to deny affected persons their statutory and constitutional rights.

On January 3, 2019, the Apex Court had issued notices to the Centre, all States and Union Territories, seeking a response on the PIL and directing them to file status reports on the implementation of the Act.

The Mental Healthcare Act, 2017, which came into force on May 29, 2018, replaced the earlier 1987 law and brought India’s legal framework in line with international human rights standards, particularly the UN Convention on the Rights of Persons with Disabilities (UNCRPD). It guarantees every person with mental illness the right to live with dignity, protection from cruel and degrading treatment, and access to affordable mental healthcare and community-based services.