Today, On 18th July, The Supreme Court has added NHRC to a PIL concerning the 2017 Mental Healthcare Act, stating, “We cannot create a parallel mechanism just because the existing system has any flaws.” The case will now proceed accordingly.
The Supreme Court instructed that the National Human Rights Commission (NHRC) be included as a party in the public interest litigation (PIL) concerning the enforcement of a 2017 law aimed at protecting the rights and needs of individuals with mental illnesses.
A bench consisting of Justices P.S. Narasimha and Atul S. Chandurkar asked petitioner Gaurav Kumar Bansal to submit an application to add the NHRC to the 2018 PIL.
The bench indicated that the PIL might be transferred to the NHRC for the implementation of the Mental Healthcare Act, 2017. Bansal proposed that a committee led by a former Supreme Court judge could be established to oversee the implementation process.
The bench responded,
“We cannot create a parallel mechanism just because the existing system has any flaws.”
Meanwhile, the bench directed Additional Solicitor General Aishwarya Bhati, representing the Centre, to share its affidavit with Bansal and scheduled the next hearing for three weeks later.
Previously, the bench had highlighted that the Mental Healthcare Act enacted by Parliament in 2017 provides for the establishment of a “Central Mental Health Authority (CMHA), State Mental Health Authority (SMHA), and Mental Health Review Board (MHRB).”
On March 2, the Supreme Court ordered the Centre to submit an affidavit detailing the establishment and operation of the CMHA, SMHA, and MHRB. This affidavit should also include information on the statutory and mandatory appointments to these bodies.
On January 3, 2019, the Supreme Court issued notices to the Centre, all states, and Union Territories regarding the petition, which claimed that the failure to implement the provisions of the Act by these entities was a serious violation of citizens’ life and liberty.
In light of a specific incident, the bench noted that chaining individuals with mental illnesses violates their rights under Article 21 of the Constitution, which pertains to life and personal liberty, emphasizing that their dignity cannot be compromised.
The PIL highlighted that individuals with mental illnesses were being restrained in a faith-based mental asylum in Budaun district, Uttar Pradesh, contrary to the Mental Health Care Act of 2017.
The court reviewed photographs of these patients, expressing significant concern. The PIL asserted that chaining a person with a mental illness is a clear breach of the 2017 Act, which states that every individual in this situation has the right to live with dignity and be protected from cruel, inhuman, and degrading treatment.
Citing the National Mental Health Survey of 2016, the petitioner noted that approximately 14% of India’s population requires active mental health interventions, with about 2% suffering from severe mental disorders.