Bombay HC slams Govt on non-functional State Mental Health Authority

Mumbai: The Maharashtra Government recently faced criticism from the Bombay High Court for failing to ensure that the State Mental Health Authority, which was set up to implement the Mental Healthcare Act, was fully functional. 

A division bench of Justices N M Jamdar and N R Borkar noted that when the Act provides for an authority to ensure that its object of it is fulfilled, the government cannot expect the court to look into all this.

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The court was hearing a public interest litigation filed by a city-based psychiatrist seeking a comprehensive report on the status of all persons in mental health facilities across the state, and a review of their status for discharge as mandated by the Mental Healthcare Act, 2017.

"First and foremost, you (government) have to set up this State Mental Health Authority, which will be looking into implementing the provisions of the Act. The court cannot be entrusted with this," Justice Jamdar said.

Additional government pleader Manish Pabale told the court that the authority was set up in 2018, but the tenure of some of its members has ended due to which there were some vacancies.

The bench then directed the state government to give a time frame by which the authority would be made fully functional.

The court posted the matter for further hearing on August 29.

The PIL has urged the implementation of the Mental Healthcare Act, 2017, across Maharashtra.

The provisions of the Act protect the rights of persons suffering from mental illnesses and allow them to move to a mental health review Board to seek discharge from institutions after recovery, the petition stated.