New Delhi: Delhi High Court has directed Delhi govt to expedite the filling up of posts of non-official members of the State Mental Health Authority.
A bench of acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela said once the authority is constituted, it must take steps to set up review boards according to the Mental Health Care Act.
The bench, in its recent order, clarified that the process of constituting the authority and the boards shall not be impeded by the imposition of the model code of conduct for the Delhi Assembly elections.
The court was dealing with two petitions seeking the enforcement of provisions of the mental health law, including the constitution of the state mental health authority as well as the district mental health review boards.
In its order, the court noted that on Nov 27, Delhi govt appointed seven ex-officio members for constituting the Delhi Mental Health Authority, and at the end of the notification, the notation stated that the non-official members would be selected in due course of time.
“We consider it apposite to dispose of the present petitions by directing the GNCTD to take expeditious steps for filling up the posts of non-official members of the Delhi Mental Health Authority with a further direction that the said authority, as and when constituted, would take expeditious steps for the constitution of the review boards in accordance with Sections 73 and 74 of the Act,” the order said.
It allowed the petitioners to approach court again if the authority failed to comply with the directions within a reasonable period of time. Last month, the court asked govt to appoint the ex-officio members within a week.
The petitioners highlighted that the object of the Mental Health Act was to provide mental healthcare and services to people with mental illness and to protect, promote and fulfil the rights of such people during the delivery of care. The petitions sought the constitution of the authority under the law.
One of the pleas asserted that Section 73 of the Act mandates that a state mental health authority shall, by notification, constitute mental health review boards for a district or a group of districts under the new Act.
