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Synopsis

The Delhi High Court has sought the presence of Secretary (Health) of Delhi government before it, over non-constitution of a State Mental Health Authority, on the next date of hearing i.e. September 15. 

A bench headed by Chief Justice Satish Chandra Sharma said that in spite of an assurance made last year, it was "unfortunate" that till date a permanent State Mental Health Authority under the Mental Health Act has not been constituted by the Delhi government.

“Therefore, this Court is left with no option, but to direct that the Secretary (Health), GNCTD, remain present in Court on the next date of hearing”, the bench also comprising of Justice Sanjeev Narula ordered.

In November 2022, the Delhi government had told the court that the process for reconstitution of the State Mental Health Authority as per the requirements of Sections 45 and 46 of the Act and its rules was underway and shall be finalised soon.

The court was dealing with a Public Interest Litigation (PIL) by Advocate Amit Sahni seeking effective implementation of Mental Healthcare Act, 2017. The PIL stated that the lack of mental health authorities is adversely affecting the treatment of the mentally ill persons.

“It is made clear that in case the permanent State Mental Health Authority is constituted as per the requirement of Sections 45 & 46 of the Mental Health Act, 2017, the personal appearance of the Secretary (Health), GNCTD, shall be dispensed with without further reference to the Court”, the court said in its order dated August 2.

The division bench also directed the State government to comply with all the other statutory provisions under the Mental Health Act, 2017 and the Mental Healthcare (State Mental Health Authority) Rules, 2018 including constitution of District Mental Health Authorities.

The matter will be next heard on September 15, 2023.

Case Title: Amit Sahni v. Govt of NCT Delhi and Ors. (Another connected matter)