The Delhi High Court has instructed the city government to promptly fill the vacant posts of non-official members in the Delhi Mental Health Authority.
A bench led by Acting Chief Justice Vibhu Bakhru, alongside Justice Tushar Rao Gedela, emphasized that once the authority is fully constituted, it must swiftly establish review boards as mandated by the Mental Health Care Act.
The court clarified that the ongoing process of forming the authority and review boards should not be delayed by the Model Code of Conduct, enforced due to the upcoming Delhi Assembly elections.
This directive was issued on December 12 in response to two petitions advocating for the implementation of the mental health law, specifically the formation of the state mental health authority and district mental health review boards.
The court noted that on November 27, the Delhi government appointed seven ex-officio members to the Delhi Mental Health Authority. However, the notification indicated that non-official members would be appointed later.
The order stated, “We consider it appropriate to dispose of the present petitions by directing the GNCTD to take prompt steps to fill the posts of non-official members of the Delhi Mental Health Authority. The authority, once constituted, must expedite the formation of the Review Boards in accordance with Sections 73 and 74 of the Act.”
The court also granted the petitioners the right to revive their petitions if the government fails to comply within a reasonable timeframe.
Earlier, on November 25, the high court had instructed the Delhi government to appoint the seven ex-officio members in line with central regulations within a week.
Petitioner Amit Sahni, an advocate, highlighted in his plea that the Mental Health Act aims to ensure mental healthcare and services for individuals with mental illness while safeguarding their rights during treatment. He requested the court to direct the Delhi government to establish the state mental health authority and district review boards.
Similarly, petitioner Shreyus Sukhija sought the timely formation of the authority, as prescribed by law. Sahni underscored that Section 73 of the Act mandates the formation of mental health review boards for districts or groups of districts by official notification.
Source of Information:- https://health.economictimes.indiatimes.com/news/policy/hc-directs-delhi-govt-to-appoint-members-to-mental-health-authority/116677576?utm_source=top_story&utm_medium=latestNews
