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HC Seeks Affidavits from Punjab, Haryana on Mental Healthcare Act Implementation

UPSC / SSC current affairs note · Polity

PolitySocial JusticeHealth

Why in news

The Punjab and Haryana High Court has directed the chief secretaries of Punjab and Haryana to file personal affidavits regarding the implementation of the Mental Healthcare Act, 2017. The court expressed serious concern that despite eight years since the Act came into force, key bodies like the State Mental Health Authority and Mental Health Review Board have not been constituted in Haryana, and Punjab has also not fully implemented the Act.

Background

The Mental Healthcare Act, 2017, was enacted to provide for mental healthcare and services for persons with mental illness, and to protect their rights. It mandates the establishment of State Mental Health Authorities and Mental Health Review Boards, and requires states to ensure availability of basic and emergency mental healthcare services, budgetary provisions, and facilities like half-way homes. Public interest litigations were filed by Pushpanjali Trust and others seeking implementation of the Act.

Key facts

in5points
  1. The Punjab and Haryana High Court directed chief secretaries of Punjab and Haryana to file personal affidavits on implementation of the Mental Healthcare Act, 2017.

  2. The court observed that Haryana has framed rules but has not constituted the State Mental Health Authority or Mental Health Review Board.

  3. Punjab sought one week's time to file an affidavit on the implementation status.

  4. The Act has been in force for nearly eight years, but the court noted that provisions have not been implemented in their entirety.

  5. The court termed the lack of implementation a matter of 'serious concern', especially for a vulnerable population not well-equipped to care for itself.

  6. The PILs seek availability of basic and emergency mental healthcare services at community centres, budgetary provisions, establishment of half-way homes, and educational programmes.

  7. The bench was headed by Acting Chief Justice Ashwani Kumar Mishra.

Prelims pointers

  • Mental Healthcare Act, 2017
  • State Mental Health Authority
  • Mental Health Review Board
  • Punjab and Haryana High Court
  • Public Interest Litigation (PIL)
  • Pushpanjali Trust

Mains angles

  • GS2 Polity: Role of judiciary in enforcing social welfare legislation through PILs.
  • GS2 Social Justice: Implementation challenges of mental healthcare laws and rights of persons with mental illness.
  • GS2 Health: Mental healthcare infrastructure and state obligations under the Mental Healthcare Act, 2017.