New Delhi: The Supreme Court has directed the National Human Rights Commission (NHRC) to oversee the implementation of the Mental Healthcare Act, 2017, ensuring protection of the rights and well-being of individuals with mental illnesses.
NHRC to Oversee Compliance
A bench comprising Justices P. S. Narasimha and R. Mahadevan observed that the NHRC would now monitor the ongoing Public Interest Litigation (PIL) filed by advocate Gaurav Kumar Bansal in 2018, which raised concerns over violations of the Act.
Centre Submits Affidavit on Statutory Bodies
The bench took on record an affidavit filed by the Centre, which confirmed the constitution of statutory authorities under the Act — including the Central Mental Health Authority (CMHA), State Mental Health Authority (SMHA), and Mental Health Review Boards (MHRB).
However, the Court noted that the petitioner’s additional requests would also be subject to NHRC’s ongoing supervision to ensure comprehensive enforcement of the law.
Earlier Court Directions
On March 2, the Supreme Court had directed the Union Government to provide details on the establishment and functioning of these authorities, including mandatory appointments to each body.
Earlier, on January 3, 2019, the apex court had issued notices to the Centre, states, and Union Territories following allegations of non-implementation of key provisions of the 2017 Act, terming it a potential violation of citizens’ fundamental rights.
PIL Highlights Inhuman Treatment
The PIL, filed by advocate Gaurav Kumar Bansal, cited shocking instances where individuals with mental illnesses were allegedly chained in a faith-based mental asylum in Budaun district, Uttar Pradesh, violating the Mental Healthcare Act.
The court, after reviewing photographs presented in the case, described the conditions as “deeply disturbing” and a gross violation of human dignity.
Violation of Fundamental Rights
The bench reiterated that chaining persons with mental illness is a clear breach of their constitutional rights under Article 21, which guarantees the right to life and personal liberty. The court emphasized that dignity and humane treatment must be upheld for all, including those with mental health conditions.
Provisions of the Mental Healthcare Act, 2017
Under the Act, every individual suffering from mental illness has the right to live with dignity and to be protected from cruel, inhuman, or degrading treatment. The law mandates establishment of mental health authorities at central and state levels to regulate institutions, treatment standards, and patient rights.
India’s Mental Health Burden
Referring to the National Mental Health Survey 2016, the petitioner highlighted that 14% of India’s population requires active mental health interventions, with nearly 2% suffering from severe disorders. The data underscores the urgent need for structured, rights-based mental healthcare across the country.
Court’s Emphasis on Dignity and Reform
The Supreme Court’s latest directive marks a significant step toward ensuring accountability and reform in mental healthcare management. With the NHRC now tasked to monitor compliance, the Court has reinforced that mental health is a human rights issue, demanding sustained attention, sensitivity, and systemic implementation.
