Delhi HC Directs GNCTD To Facilitate Filling Of Posts For Mental Health Authority

The Delhi High Court on Thursday has directed the Government of National Capital Territory of Delhi (GNCTD) to expedite the process of filling non-official member positions in the Delhi Mental Health Authority.

Once the Authority is established, it is expected to promptly form Review Boards as mandated under Sections 73 & 74 of the Mental Health Care Act, 2017.

Emphasizing urgency, the court clarified that the establishment of the Delhi Mental Health Authority and the Review Boards must proceed unhindered by the imposition of the Model Code of Conduct during the upcoming Delhi State Legislative Assembly elections.

The petitioners were granted the liberty to revive their petitions if the GNCTD fails to comply within a reasonable timeframe.

A bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela issued these directives while hearing petitions filed by activist and lawyer Amit Sahni, along with Shreyus Sukhija. The petitions called for the establishment of the State Mental Health Authority (SMHA) and District Mental Health Review Boards in compliance with the Mental Health Care Act.

During the proceedings, GNCTD’s counsel submitted a notification dated November 27, 2024, appointing seven ex-officio members for the Delhi Mental Health Authority. The counsel further informed the court that an advertisement to recruit non-official members, as required under Section 46(1) of the Act and its associated Rules, would be issued within a few weeks.

Addressing the Review Boards, GNCTD’s counsel outlined the provisions under Chapter XI of the Act, which detail their constitution and composition. As per Section 73(1), the State Authority must establish Review Boards via notification, while Section 74 specifies their composition. The counsel assured the court that the formation of these Boards would commence as soon as the Delhi Mental Health Authority is fully operational.

The bench took note of these submissions and reiterated the necessity for swift action by the GNCTD. It directed that once the Delhi Mental Health Authority is constituted, immediate steps should be taken to establish the Review Boards in line with the statutory provisions.

This directive underscores the importance of implementing the Mental Health Care Act’s provisions to ensure better mental health governance and services in Delhi. By prioritizing the swift constitution of these bodies, the court aims to address the pressing need for mental health care infrastructure and oversight in the capital.

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