HC Directs Delhi Govt to Appoint Members to Mental Health Authority

The court's order was in response to two petitions filed to enforce the provisions of the Mental Health Care Act, which mandates the formation of the state mental health authority and district mental health review boards.

The Delhi High Court has ordered the Delhi government to expedite the appointment of non-official members to the State Mental Health Authority. 

The bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela has emphasized that the ongoing process of constituting the authority should not be hindered by the imposition of the model code of conduct for the upcoming Delhi Assembly elections.

The court's order was in response to two petitions filed to enforce the provisions of the Mental Health Care Act, which mandates the formation of the state mental health authority and district mental health review boards.

Court's Order on Expedited Appointment

The bench directed the Delhi government to take immediate steps to fill the non-official posts within the Delhi Mental Health Authority. 

Once the authority is formed, it must act swiftly to establish the mental health review boards in compliance with Sections 73 and 74 of the Mental Health Care Act.

The court also clarified that the imposition of the model code of conduct during the election period should not delay the constitution of the authority or the review boards. 

It further noted that the government had already appointed seven ex-officio members for the authority on November 27, but the process of selecting the non-official members had been delayed.

"We consider it apposite to dispose of the present petitions by directing the GNCTD to take expeditious steps for filling up the posts of non-official members of the Delhi Mental Health Authority with a further direction that the said authority, as and when constituted, would take expeditious steps for the constitution of the review boards in accordance with Sections 73 and 74 of the Act," the bench stated.

The petitions highlighted the urgency of implementing the provisions of the Mental Health Care Act, which aims to ensure the delivery of quality mental healthcare services and protect the rights of individuals with mental illness. 

One of the petitioners underscored the importance of forming the state mental health authority and review boards, as mandated by the law.

Section 73 of the Mental Health Care Act requires the state government to notify the formation of mental health review boards for districts or a group of districts. 

The failure to do so has been a cause for concern for mental health advocates, as it delays critical processes to safeguard the rights and care of individuals with mental health conditions.

Court's Oversight

The court allowed the petitioners to approach the court again if the Delhi government failed to comply with the directions within a reasonable timeframe. 

The Delhi High Court had previously instructed the Delhi government to appoint the ex-officio members of the authority within a week in November 2024, a directive that was not fully adhered to.

The ongoing legal proceedings indicate the importance of enforcing the provisions of the Mental Health Care Act and establishing the necessary frameworks to support mental health care delivery in the region. 

The court's intervention is a critical step towards ensuring that the mental health infrastructure in Delhi is developed in accordance with the law.