Supreme Court Directs Union To File Affidavits On Establishment And Functioning Of Central Mental Health Authority

The Supreme Court recently asked the Union Government to file a detailed affidavit indicating the establishment and functioning of the Central Mental Health Authority, State Mental Health Authority and Mental Health Review Board under the Mental Healthcare Act, 2017.

The order was passed in a writ petition filed under Article 32, seeking certain directions with respect to the persons requiring mental healthcare. Since January 3, 2019, the Supreme Court has been passing directions in this writ petition. 

On February 7, a bench of Justices PS Narasimha and Prashant Kumar Mishra was informed that the Parliament enacted the Mental Healthcare Act, which contemplates the establishment of these three authorities. 

Taking this into consideration, the Court ordered:

"Ms. Aishwarya Bhati, learned Additional Solicitor General appears on behalf of the Union. We direct that Union of India shall file a detailed affidavit indicating the establishment and functioning of the Central Mental Health Authority, State Mental Health Authority and Mental Health Review Board. The affidavit shall also indicate the statutory and mandatory appointments to the authority and the review board. The said affidavit may be filed by 06.03.2025."

The Court will hear the matter on March 21.

Case Details: GAURAV KUMAR BANSAL v. UNION OF INDIA & ORS.|Writ Petition(s)(Civil) No(s). 1496/2018

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