Chandigarh: The Punjab and Haryana High Court has expressed serious concern over the incomplete implementation of the Mental Healthcare Act, directing the Chief Secretaries of Punjab and Haryana to personally examine the matter and file affidavits on compliance with both the legislation and the court’s previous orders.
A Division Bench comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor also directed the Chief Secretary of the Union Territory of Chandigarh to submit an affidavit detailing the constitution of the statutory authorities and boards mandated under the Act.
Making strong observations, the Bench said it was a matter of serious concern that even after eight years, Punjab and Haryana had failed to fully implement the provisions of the Mental Healthcare Act as envisaged by the legislation.
The court noted that although Haryana had framed the necessary rules, it had yet to constitute the State Mental Health Authority and the Mental Health Review Board, as required under the Act.
Punjab, meanwhile, sought one week’s time to file its affidavit before the court.
The Bench observed that the legislation was enacted to safeguard the interests of people with mental health conditions, many of whom are unable to care for themselves, and emphasised that it was the primary responsibility of state governments to ensure the timely implementation of its provisions.
Describing the present situation as unacceptable, the High Court said the continued delay in implementing the Act was a matter of grave concern and called for urgent corrective action by the authorities.
