The Supreme Court has issued a directive to the Central government, requiring it to provide detailed information regarding the setup and operational aspects of the Central Mental Health Authority, State Mental Health Authorities, and Mental Health Review Boards across India. This order was issued by a bench consisting of Justices P S Narasimha and Prashant Kumar Mishra during a hearing on February 7.
The bench instructed the additional solicitor general Aishwarya Bhati, representing the Centre, to submit a comprehensive affidavit by March 21. The affidavit is expected to cover details about the statutory and mandatory appointments within these mental health bodies.
This judicial inquiry is part of the Supreme Court’s ongoing efforts to address the needs of individuals requiring mental health care. The court is currently reviewing a plea filed by advocate Gaurav Kumar Bansal, which seeks enforceable directions to ensure proper care and facilities for persons with mental health issues.
In previous hearings, the Supreme Court has strongly condemned the chaining of individuals with mental illnesses, describing such practices as “atrocious” and “inhuman.” The court emphasized that such actions violate the fundamental rights to life and personal liberty under Article 21 of the Indian Constitution, and infringe upon the dignity of those affected.
Bansal’s 2018 plea highlighted alarming conditions at a faith-based mental asylum in Badaun district, Uttar Pradesh, where individuals were reportedly kept chained, in clear violation of the Mental Health Care Act. This plea has spurred the Supreme Court to seek accountability and improvement in mental health care administration, emphasizing the need for a dignified treatment of all individuals, particularly the mentally ill.
