The Supreme Court has transferred a PIL on the implementation of the Mental Healthcare Act, 2017, to the National Human Rights Commission (NHRC). The NHRC will now oversee compliance to protect the rights and dignity of persons with mental illnesses across India.
The Supreme Court on Tuesday transferred a Public Interest Litigation (PIL) regarding the implementation of the Mental Healthcare Act, 2017, to the National Human Rights Commission (NHRC).
The Court said that the NHRC will now be responsible for keeping a close watch on how well the law is being followed to protect the rights and dignity of people suffering from mental illnesses.
The Bench of Justices P.S. Narasimha and R. Mahadevan stated that since the NHRC is a statutory body with the power to safeguard human rights, it is the most suitable authority to monitor the issues raised in this case.
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The petition was originally filed by Advocate Gaurav Kumar Bansal in 2018, who had drawn attention to serious violations of human rights faced by mentally ill persons in some institutions.
The Court said,
“The National Human Rights Commission shall monitor the implementation of the Mental Healthcare Act, 2017, including the issues raised in the present petition,”
and officially closed the proceedings before the Court.
The Supreme Court also noted an affidavit filed by the Union Government stating that all the statutory bodies required under the Mental Healthcare Act, 2017 — the Central Mental Health Authority (CMHA), the State Mental Health Authorities (SMHAs), and the Mental Health Review Boards (MHRBs) — have now been set up.
These bodies are responsible for ensuring that every person has access to mental health services and that their rights are protected.
However, the Bench also clarified that the petitioner’s additional requests, such as steps to ensure
“humane treatment of mentally ill persons” and to prevent “rights violations in mental health institutions,”
will also come under the NHRC’s responsibility for continuous monitoring.
Over the years, the Supreme Court has expressed concern about the slow progress in implementing the Mental Healthcare Act.
On March 2, the Court had directed the Centre to file a detailed affidavit giving information about how the CMHA, SMHAs, and MHRBs were functioning, including their composition and appointments.
The PIL filed by Advocate Gaurav Kumar Bansal in 2018 brought to the Court’s attention a shocking situation in certain faith-based mental asylums in Budaun district, Uttar Pradesh. The petitioner said that several patients were being kept in chains, describing this as “cruel, inhuman and degrading.”
He also submitted photographs showing the condition of patients, which led the Court to call the matter
“a grave violation of human dignity.”
The Bench had earlier observed that chaining and mistreatment of patients violated Article 21 of the Constitution, which guarantees the right to life and personal liberty.
It stressed that
“the dignity of persons suffering from mental illness cannot be compromised under any circumstance.”
The petition also argued that many States and Union Territories had failed to properly implement the 2017 Act, which was a
“gross violation of the fundamental rights of persons with mental illnesses.”
It urged the Supreme Court to ensure that every part of India enforces the Act properly — especially its provisions for humane treatment, community-based rehabilitation, and protection against arbitrary detention or restraint.
Referring to the National Mental Health Survey of 2016, the petitioner highlighted that nearly 14% of India’s population needs active mental health intervention, while about 2% suffer from severe mental disorders.
Despite this alarming figure, he said that many people still face neglect, lack of professional support, and poor infrastructure, which deprive them of their legal and constitutional rights.
Back in January 2019, the Supreme Court had already issued notices to the Central Government, all States, and Union Territories, directing them to submit reports on the steps taken to implement the Mental Healthcare Act, 2017.
The Mental Healthcare Act, which came into effect on May 29, 2018, replaced the older Mental Health Act of 1987.
It was enacted to align India’s mental health laws with international human rights standards, especially the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
The law ensures that every person with a mental illness has the right to live with dignity, receive proper and affordable mental healthcare, and be free from “cruel and degrading treatment.”
It also emphasizes community-based mental health services and aims to protect individuals from being mistreated or detained without proper cause.
Case Title:
Gaurav Kumar Bansal v. Union of India & Ors.
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