Ensure Compliance With All Mandatory Provisions Of Mental Health Care Act: Punjab & Haryana High Court Directs States

The Punjab & Haryana High Court has directed both states to ensure compliance with all the mandatory provisions of the Mental Health Care Act, 2017.

Chief Justice Sheel Nagu and Justice Sumeet Goel said, "Looking to the urgency of the matter, the State of Punjab as also State of Haryana are directed to ensure compliance of all the mandatory provisions of the Mental Health Care Act, 2017 and file a compliance affidavit of the Chief Secretaries of the respective States before the next date of hearing."

The Court was hearing a PIL filed by Pushpanjali Trust, seeking directions to the states to take appropriate steps and establish community-based group homes for persons with mental illness and frame a policy for the same as under section 19(3) of the Mental Act 2017 in a time-bound manner.

The plea highlighted that according to the National Mental Health Survey Punjab State Report 2016-17. , the estimated prevalence of severe mental disorders and substance use disorders varied between 0.7 per cent and 7.58 per cent of Punjab's total population.

Referring to the statistics, the plea submitted that the number of persons requiring institutional support services ran into several lakhs. Many of these individuals urgently required facilities such as group homes, particularly in cases where their caregivers are elderly or unable to continue providing care.

It added that in the light of the provisions of Section 19(3) of The Mental Healthcare Act 2017 and the Rules framed thereunder, the State authorities are liable to evolve a comprehensive policy for setting up Group Homes for persons with illness.

The petition stated that the respondent authorities failed to comply with the directions passed by the High Court in 2019 in Pushpanijali Trust v. State of Punjab & Ors [CWP PIL No 252 of 2019]. 

"Even after multiple reminders and meetings through out the years the Respondent did not take any concrete step as required by them under the Mental Healthcare Act 2017," the plea alleged.

The matter is listed for March 28 for further consideration.

Title: PUSHPANJALI TRUST V/S STATE OF PUNJAB AND OTHERS

Mr. Aditya Rametra-petitioner in person.

Mr. Salil Sabhlok, Sr. DAG, Punjab.

Mr. Deepak Balyan, Addl. A.G., Haryana.

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