The Supreme Court on Friday directed that the National Human Rights Commission (NHRC) be made a party to a Public Interest Litigation (PIL) concerning the implementation of the Mental Healthcare Act, 2017, aimed at safeguarding the rights and dignity of persons with mental illnesses.
A bench of Justices P.S. Narasimha and Atul S. Chandurkar instructed petitioner Gaurav Kumar Bansal to formally file an application for including the NHRC in the case. The bench also hinted at possibly transferring the PIL to the NHRC for effective execution of the 2017 law.
“We cannot create a parallel mechanism just because the existing system has any flaws,” the bench observed, responding to the petitioner’s proposal for a committee headed by a retired Supreme Court judge to monitor the law’s implementation.
The court asked Additional Solicitor General Aishwarya Bhati, representing the Centre, to provide a copy of the government’s affidavit to Bansal and listed the matter for further hearing after three weeks.
The PIL, filed in 2018, raises concerns over the non-implementation of key statutory bodies mandated by the Mental Healthcare Act, such as the Central Mental Health Authority (CMHA), State Mental Health Authorities (SMHA), and the Mental Health Review Boards (MHRB). The Supreme Court had earlier directed the Centre to submit an affidavit detailing the establishment, staffing, and functioning of these bodies.
During the proceedings, the bench expressed serious concern over incidents involving the chaining of mentally ill individuals at a faith-based mental asylum in Budaun, Uttar Pradesh — an act the court termed a violation of Article 21 of the Constitution, which guarantees life and personal liberty.
“Chaining mentally ill persons is inhumane and a grave violation of their dignity and constitutional rights,” the bench said, after reviewing photographs submitted by the petitioner. The court emphasized that such treatment directly contravenes the 2017 Act, which assures protection from cruel, inhuman, and degrading treatment and grants every person with mental illness the right to live with dignity.
Citing the National Mental Health Survey of 2016, the PIL notes that approximately 14% of India’s population requires active mental health intervention, with 2% suffering from severe mental disorders.
The Supreme Court had earlier, on January 3, 2019, issued notices to the Centre, all states, and Union Territories, expressing concern that failure to implement the Act amounted to a “gross violation” of fundamental rights.
