Gauhati High Court Seeks Response On Constitution Of State Mental Health Authority Under Mental Healthcare Act

The Gauhati High Court, Kohima Bench has sought the response of State Government as to whether the State Mental Health Authority has been constituted under the mandate of Mental Healthcare Act.

The development came after a division bench comprising of Justice Songkhupchung Serto and Justice S. Hukato Swu was dealing with a petition seeking directions on the State to constitute the Mental Health Authority as per the provisions of the Act so that further necessary steps can be taken for welfare of the mentally challenged people in the State.

Sec. 45 of the Act states that every State Government is required to constitute an authority to be known as the State Mental Health Authority within 9 months from the date on which the Act receives the assent of the President.

"It appears from the Act that without the constitution of the authority and the board nothing can be initiated for the purpose of implementing the provisions of the Act." The Court observed.

In view of this, the State Government sought time from the Court for seeking instructions in the matter as to whether the authority has been constituted or not.

While posting the matter for further hearing on 28th July, the Court ordered thus:

"..learned Sr. Government Advocate shall come instructed as to whether the authority has been constituted or not and if not, as to why it should not be constituted as per the Act and when it would be constituted."

Title: TSIPONGSE THONGER v. STATE OF NAGALAND AND ANR

Click Here To Read Order