“Fill Up Non-Official Members Posts In Mental Health Authority”: Delhi HC To Govt

The Delhi High Court has instructed the city government to swiftly fill the posts of non-official members for the Delhi Mental Health Authority.

A bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela emphasized the need for prompt action, also stating that once the authority is formed, it must move quickly to establish review boards in line with the Mental Health Care Act.

Previous Court Orders

The court made this order on December 12 while hearing two petitions seeking the enforcement of provisions under the Mental Health Care Act, specifically the formation of the state mental health authority and district mental health review boards.

The court noted that on November 27, the Delhi government appointed 7 ex-officio members for the authority but indicated that non-official members would be selected at a later date. The bench directed the government to expedite the process of filling these posts and to ensure the timely constitution of the review boards under Sections 73 & 74 of the Act.

The court also clarified that the process should not be delayed due to the imposition of the Model Code of Conduct for the upcoming Delhi Assembly elections. The petitioners were granted the liberty to revive their case if the government failed to meet the court’s directions within a reasonable time.

On November 25, the court had previously instructed the Delhi government to appoint the seven ex-officio members to the authority within a week.

Advocate Amit Sahni, one of the petitioners, argued that the Mental Health Act’s primary objective is to provide mental healthcare services, ensure the rights of individuals with mental illnesses, and safeguard their well-being during treatment. He sought a directive for the establishment of the state mental health authority and the district review boards.

Fellow petitioner Shreyus Sukhija also called for the constitution of the authority in accordance with the law. Sahni highlighted that Section 73 of the Act mandates the creation of mental health review boards by the state authority for each district or group of districts.

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