the Patna High Court has given the Bihar government “one last chance” to submit its response by April 7 on the implementation of the provisions of the Mental Health Act 2017 in the state.
the bank of Chief Justice Sanjay Karol and Justice S. Kumar it has also requested the Union of India to submit an affidavit and specify whether or not each of the statutory provisions and rules framed in the 2017 law are complied with.
The court so ordered while dealing with a public interest litigation (PIL) statement filed by the party in person Akanksha Malviya which alleged that the Bihar government had categorically failed to provide and meet the needs of the people with their rights in what regarding mental health. health and that this was a serious violation of the Mental Health Act of 2017.
It should be noted that on February 10, the High Court had managed the Chief Secretary to the Government of Bihar, to immediately take all necessary steps to ensure the establishment of the State Mental Health Authority as stipulated in Section 45 of the Mental Health Care Act 2017.
In a strongly worded order, the Bank of Chief Justice Sanjay Karol and Justice S. Kumar He had also observed that the mental health of a person and/or the treatment of those who need it, more so in times of Covid-19, is the lowest priority of the State Government.
Now, on April 1, upon hearing the matter and after following up on the affidavit presented by the State Government, the Court highlighted the following points related to the Law and its implementation:
– Whether there is any mechanism to deal with mandatory statutory or directive requirements by which and by virtue of which the person has the right to specify in advance how they wish to be cared for and not to be cared for and treated by a mental disorder illness and whether an online registry has been established and properly maintained as required by Section 7?
– What are the steps being taken or already being taken regarding the right to community living for mentally ill people under Section 19 where they have the right not to stay in Mental Health Facilities etc?
– Article 20 of the Law grants the right to protection against cruel, inhuman and degrading treatment and article 21 establishes the right to equality and non-discrimination. Have the staff of existing mental health institutions been trained in accordance with these provisions to ensure the realization of these important basic rights?
– What are the measures taken in fulfillment of the obligations imposed on the Government concerned in this case, the Government of Bihar, see Chapter VI, in particular Sections 29 and 31 dealing with mental health promotion and preventive program and human resource development and training respectively?
– That the State provide detailed reasons why the term established in article 45 of the Law for the establishment of the Mental Health Authority (nine months) has not been met, as indicated in our order dated 02.10.2022.
– What are the measures that have been taken in its development. Article 66 of the Law provides for the inspection and investigation procedure of mental health establishments. Details of the inspection and inquiry as well as under Section 67, must be provided by the relevant authority before the next date.
– Article 100 of the Law details the duties of police officers with respect to people with mental illness. Has any training, awareness or sensitization program been carried out to ensure that police officers can carry out their duties with respect to this vulnerable group of people?
– Article 103 is titled as ‘inmates with mental illness’. That the authorities provide details of such inmates, as well as the measures taken to ensure that prisons are prepared to accept such inmates?
– Article 123 empowers the state authority to issue regulations regarding a minimum quality standard, etc. Has the State developed such standards? If so, provide the Court with a copy of said Rules.
– We can also point out that the importance of this Law is also reflected in Section 125, where the Central Government has been granted the power to eliminate any difficulties that arise in giving effect to the provisions of the Law. Although there was a limitation to this section Two years from the date of entry into force of the Law, the legislative intention is clearly to promote and improve mental health institutions and their regulations.
Having highlighted the above issues/questions, the Court noted that it was sad to see that the State of Bihar, even after more than four and a half years, had not taken the proper action as intended by the Parliament.
Furthermore, the Court also noted that the State had not addressed any of the issues in its affidavit submitted by the Chief Secretary to the Government of Bihar.
“From the supplemental affidavit dated March 23, 2022, submitted by the Chief Secretary to the Government of Bihar, it is not clear whether the provisions of Rule 6 of the Mental Health (State Mental Health Authority) Rules, 2018 (in hereinafter referred to as the “Rules”) are complied with or not? Furthermore, it is unclear whether or not the provisions of Section 62 of the Mental Health Act 2017 are complied with… We are informed that there is only one registered mental health facility in the state of Bihar. Is it not clear if said information is correct or not? In addition, the Government has to specify if there is any need to have more establishments of this type or not. We say it based on the population of Bihar. Almost 1/10 people of India live in the state of Bihar,“, the court observed as it gave the state government one last chance to present its response on the implementation of the law and its rules in Bihar.
The Court also ordered the State that, in the event of non-compliance with the Court’s order, the court would make orders ordering the personal presence of the Chief Secretary of the Government of Bihar, as well as the Chief Secretary (Health)/Department Head.
Defenders Vishal Kumar Singh, Akash Keshav, Deepak Kumar Singh and Shashwat appeared for the petitioner.
Case Title: Akanksha Maviya v. The Union of India & Ors.
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