Mental Health In Central Armed Forces : Supreme Court Allows Ex-CAPF Members To Make Representation To Centre

The Supreme Court on Monday refused to entertain a PIL seeking directions to all the Central Armed Police Forces ("CAPFs") to periodically carry out specific mental health assessments of all personnel in the Forces to ensure their physical and mental fitness while on duty.

The bench of Justices Abdul Nazeer and Krishna Murari granted the retired members of CAPF, who had also sought for constitution of a non-uniformed cadre of trained and eligible psychological counsellors in CAPFs, liberty to approach the concerned authorities to make a representation.

Directions were also issued to the authorities to expeditiously dispose of the same.

When the matter was called for hearing, Senior Advocate Chander Uday Singh for the retired members submitted that there was a large increasing trend amongst CAPF's of suicides. He further submitted that no counseling or psychiatric care was available to the army personnel under Mental Health Care Act, 2017.

"Petitioners are retired members of CAPF. There is a disturbing position with the psychiatric position of armed forces. Large & increasing trends of suicides, no cousneling is available & no proper & psychiatric care under Mental Health Act is available. Under the Mental Health Care act there is a regime," submitted Senior Counsel.

Expressing its inclination to grant petitioners liberty to make a representation before appropriate authorities, the bench at this juncture remarked,

"Have you filed a representation to redress the grievance before appropriate authorities? We will permit you. We are not entertaining it. Let us give authorities a chance."

Accordingly the bench while refusing to entertain the petition, directed the authorities to dispose of the representation expeditiously.

Details Of The Petition

The writ petition had also sought directions to all the Central Armed Police Forces to submit a detailed report of the steps taken to ensure the implementation of the provisions of the Mental Healthcare Act 2017 in the CAPFs and the facilities and the current procedures being followed to assess the mental fitness of the soldiers.

According to the petitioners, they have seen firsthand how the lack of a specifically calibrated approach to mental health parameters, coupled with the shame and fear of being termed as a mad person has led to the mindless loss of lives of their colleagues in the uniformed Forces due to suicide and fratricide in the past several years.

"Despite the well-meant legislations like the Mental Health Act 2017 and the Rights of Persons with Disability Act 2016, the spate of suicides and murders in the Armed Forces ought to shake the conscience of the Supreme Court to address the root cause of the issue," the petition has stated.

It was stated in the petition that the benefits of legislations did not percolate in letter and in spirit to the Armed Forces where physical health is of far more relevance than mental health which is still overlooked as a parameter to adjudge the health of a personnel holistically and is still stigmatized and brushed under the carpet.

The Petitioners had sought to highlight the fact that though the issue on the surface is that of unnatural deaths and suicides and fratricide, the reality is grim and runs much deeper than what is seen on the surface.

'It points to the fact that while utmost care and strict regimens are adopted to ensure that these soldiers and personnel are in top shape physically, their Mental Health is still not given its due concern,' the petitioners have argued.

The petition was filed through Advocate Shilpa Liza George and Advocate Manoj V George.

Case Title: Mahabir Singh v Union of India

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