The Supreme Court on Tuesday transferred a public interest litigation (PIL) seeking effective implementation of the Mental Healthcare Act, 2017 to the National Human Rights Commission (NHRC), directing the rights body to oversee compliance with the law across the country.
A Bench of Justices P.S. Narasimha and R. Mahadevan was hearing a petition filed in 2018 by advocate Gaurav Kumar Bansal, which sought the enforcement of statutory safeguards and rights of persons with mental illnesses. The court noted that while statutory authorities have been constituted under the Act, several broader issues raised in the PIL would also need continuous oversight.
“The National Human Rights Commission shall monitor the implementation of the Mental Healthcare Act, 2017, and the prayers made in the petition,” the Bench directed, while taking on record the affidavit filed by the Union government.
The PIL, filed seven years ago, highlighted serious lapses in enforcing the provisions of the 2017 law, including the establishment and functioning of key statutory bodies such as the Central Mental Health Authority (CMHA), State Mental Health Authorities (SMHAs), and Mental Health Review Boards (MHRBs).
Earlier, on March 2, the Supreme Court had asked the Centre to file an affidavit detailing the constitution and operation of these authorities, along with information on statutory appointments. The affidavit submitted by the government has now been formally taken on record.
The petitioner had drawn the court’s attention to a disturbing incident from Budaun district in Uttar Pradesh, where people with mental illnesses were allegedly chained in a faith-based asylum. The court, while examining photographs of the patients, termed the act a “matter of great concern” and held it violative of their fundamental rights under Article 21 of the Constitution, which guarantees life and personal liberty.
The Bench reiterated that chaining individuals suffering from mental illness amounts to cruel, inhuman and degrading treatment, directly infringing upon the dignity and rights guaranteed by law. It underscored that Section 20 of the Mental Healthcare Act, 2017 confers on every person with mental illness the right to live with dignity and protection from inhuman treatment.
According to Bansal’s petition, the continued non-implementation of the Act by states and Union Territories constitutes a “gross violation of life and liberty of citizens.” It cited the National Mental Health Survey 2016, which estimated that nearly 14% of India’s population requires active mental health interventions, while around 2% suffer from severe mental disorders.
The petition urged the top court to ensure that the Act’s mechanisms are effectively put in place to address the acute shortage of mental health infrastructure and safeguard the rights of vulnerable individuals.
With the transfer of the matter to the NHRC, the Commission will now be responsible for monitoring the implementation of the Mental Healthcare Act, 2017, including the establishment and functioning of statutory authorities and the protection of rights of persons with mental illnesses across India.
