The Punjab and Haryana High Court has expressed strong concern over the prolonged delay by the governments of Punjab and Haryana in notifying the rules under the Mental Healthcare Act, 2017. The Court emphasized that without these rules, the Act cannot meet its goal of providing effective mental healthcare and protecting the rights of persons with mental illness.
“It is unfortunate to note that even after expiry of 7-8 years since promulgating of the Act of 2017, Rules have not yet been notified even by both the States of Punjab and Haryana,” said the Division Bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel.
The Court pointed out that the Mental Healthcare Act is a welfare law, and both state governments are legally and morally obligated to implement it fully by framing the necessary rules. The absence of such rules, it observed, defeats the Act’s very purpose.
“In the absence of framing of the Rules by both the States of Punjab and Haryana, the Act of 2017 will not be able to achieve its objective for which it has been promulgated,” the Bench added.
After reviewing affidavits filed by the states, the Court found that Punjab is still in the process of notifying the rules. Meanwhile, Haryana has already framed draft rules, which have been submitted to the Central Government for approval.
However, the Court expressed displeasure over the unnecessary delay and said that considerable time had already passed. It directed both states, particularly their Departments of Health and Family Welfare, to complete the notification process within 60 days from the receipt of the Court’s order and submit a compliance report.
“Much time has elapsed, this Court directs both the States of Punjab and Haryana especially the Departments of Health and Family Welfare, to ensure that Rules be notified within a period of sixty days,” the Court ordered.
During the hearing, the petitioner, Mr. Aditya Rametra, appearing in person, submitted certain suggestions aimed at achieving the goals of the Act. These suggestions have been placed on record.
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“Since State of Punjab is going to hold a meeting of the Committee chaired by the Director of the Family and Health Welfare Department on 19.05.2025, in which the petitioner has also been invited, the said Committee is directed to take into account all these points which are part of the record,” the Court stated.
The Court directed the committee to submit a report on or before the next date of hearing.
The matter will be heard next on July 24, 2025, for further consideration.
Case Title: Pushpanjali Trust v. State of Punjab and Others
Petitioner in person: Mr. Aditya Rametra
For Punjab: Mr. Salil Sabhlok, Sr. Deputy Advocate General
For Haryana: Mr. Deepak Balyan, Additional Advocate General
