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The Delhi High Court today issued notice in a plea seeking directions to the Delhi Government to implement Mental Healthcare Act 2017 in the educational institutions especially at the school and college levels.  

The Division bench of Chief Justice DN Patel and Justice Jyoti Singh was hearing a plea filed by Devina Singh, a minor through her father Arun Singh who has sought directions to the Delhi Government to constitute mental health establishments including clinics / centres as per Chapter X (Section 65 - 72) read with Section 2(p) of the Mental Healthcare Act 2017 in each district, schools, and colleges.

The petition filed through Advocate Rahul Kumar has further sought mandatory  presence of mental health professionals in each school and college of the district and to make diagnosis and assessment of mental health mandatory and implement the National Health Programme along with awareness and promotion of sound mental health of students in education institutions.

The petitioner has pointed out that legislative Note to the Mental Healthcare Bill 2013 while being introduced in the Lok Sabha noted in its Introduction emphasized that "Experts see a growing incidence of mental illness which needs urgent attention and Seven per cent of India's population suffers from mental disorders and over 90 per cent remain untreated. There is less that one psychiatrist available for every four-lakh people. The scene is worse in rural areas. India's allocation for mental healthcare is less than one per cent of the health budget. "

 The National Mental Health Survey of India 2015-16 implemented by National Institute of Mental Health and Neuro Sciences Bengaluru and supported by Ministry of Health and Family Welfare Government of India reveals "that nearly 15% of Indian adult (those above 18 years) need active interventions for one or more mental health issues; Common mental disorders, severe mental disorders and substance use problems coexist and the middle age working populations are affected most; while mental health problems among both adolescents and elderly are of serious concern and urban metros are witnessing a growing burden of mental health problems. The disabilities and economic impact are ominous and affect work, family, and social life. However, to address these problems the current mental health systems are weak, fragmented and uncoordinated with deficiencies in all components at the state levels."

The survey also observed in its report that children and adolescents are vulnerable to mental disorders, health systems do not prioritise mental health, there is paucity of mental health specialists, trained medical officers to deliver mental health services are abysmally low and public awareness activities are limited in mental health.

Moreover the Petitioner had filed a RTI application and representation to the Additional Director, School Health Scheme, Directorate General of Health Services, Government ofNCT Delhi and in the reply thereofit was admitted that "No specific steps with respect to implementation ofMental Healthcare Act 2017, at school level, have been taken by school Health scheme till date. School Health scheme has not received any circular in this regard, till date."

Case Title: Ms Devina Singh vs Govt of NCT Delhi and Anr