Non-Official Members to Be Appointed
New Delhi: The Delhi High Court has directed the Delhi government to speed up the process of appointing non-official members to the State Mental Health Authority (SMHA). The court emphasized that the authority, once fully constituted, must establish district mental health review boards as mandated by the Mental Health Care Act.
Process Unaffected by Election Code
A bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela clarified that the imposition of the model code of conduct for the Delhi Assembly elections would not impede the process of forming the authority and review boards.
Petitioners Raise Mental Health Law Concerns
The court was hearing petitions that sought the enforcement of the Mental Health Care Act, including the formation of the SMHA and mental health review boards for districts or groups of districts. The petitions highlighted that these measures are essential to provide mental healthcare and protect the rights of individuals with mental illnesses.
Court’s Observations and Order
- The court noted that on November 27, the Delhi government had appointed seven ex-officio members but delayed appointing non-official members.
- The court directed the government to fill these posts expeditiously and ensure the authority sets up review boards under Sections 73 and 74 of the Act.
- The petitioners were permitted to approach the court again if the directions were not complied with within a reasonable timeframe.
Significance of the Ruling
The Mental Health Care Act aims to ensure accessible mental healthcare and safeguard the rights of individuals with mental illnesses. The establishment of the SMHA and review boards is crucial for implementing these provisions effectively.
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