NEW DELHI: The Delhi High Court has instructed the Delhi Government to expedite the appointment of non-official members to the Delhi Mental Health Authority and ensure the swift establishment of Mental Health Review Boards as mandated by the Mental Health Care Act, 2017.
The bench, comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela, emphasised that the upcoming Delhi State Legislative Assembly elections and the imposition of the Model Code of Conduct should not impede the process. The court clarified that any delay in forming the Delhi Mental Health Authority or Review Boards could invite further legal action.
The directions were issued during the hearing of two petitions filed by activist and lawyer Amit Sahni and co-petitioner Shreyus Sukhija. The petitions highlighted the lack of compliance with the statutory obligations to establish the State Mental Health Authority (SMHA) and the District Mental Health Review Boards under the Act.
During the proceedings, Government of the National Capital Territory of Delhi (GNCTD) counsel presented a notification dated November 27, which announced the appointment of seven ex-officio members for the Delhi Mental Health Authority. Additionally, the counsel informed the court that an advertisement for non-official member positions would be released in the coming weeks.
The court was also briefed on the provisions for forming Review Boards under Chapter XI of the Act. As per Section 73(1), these Boards are to be constituted by the State Authority, with their composition outlined under Section 74. The GNCTD assured the court that the process of forming the Review Boards would commence immediately after the Authority is fully constituted. Taking these submissions into account, the court directed GNCTD to act without delay.
‘Any delay could invite further legal action’
The court clarified that any delay in forming the Delhi Mental Health Authority or Review Boards could invite further legal action. The directions were issued during the hearing of two petitions filed by activist and lawyer Amit Sahni and co-petitioner Shreyus Sukhija. The petitions highlighted the lack of compliance with the statutory obligations, said the officials.