The Supreme Court of India has issued a significant order directing the Union Government to file a comprehensive affidavit detailing the establishment and functioning of key mental health regulatory bodies. These include the Central Mental Health Authority (CMHA), State Mental Health Authority (SMHA), and the Mental Health Review Board (MHRB), as mandated under the Mental Healthcare Act, 2017.
This directive was passed in response to a writ petition filed under Article 32 of the Indian Constitution, seeking essential interventions concerning the mental healthcare system in the country. The case, titled GAURAV KUMAR BANSAL v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 1496/2018), has been under continuous judicial scrutiny since January 3, 2019.
Background of the Case
The petitioner approached the court, raising concerns about the inadequate implementation of the Mental Healthcare Act, 2017, which was enacted to safeguard the rights of individuals requiring mental health services. The Act mandates the formation of three critical authorities to oversee and regulate mental health services across the country:
- Central Mental Health Authority (CMHA): Responsible for overall policy-making, regulation, and supervision of mental health institutions at the national level.
- State Mental Health Authority (SMHA): Functions at the state level to monitor mental health institutions and ensure compliance with the Act.
- Mental Health Review Board (MHRB): Plays a crucial role in safeguarding the rights of individuals admitted to mental health facilities, ensuring their proper treatment and legal protection.
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The petitioner argued that despite the enactment of the Mental Healthcare Act, these authorities were either not fully functional or lacked transparency in their operations.
On February 7, 2025, a bench comprising Justices P.S. Narasimha and Prashant Kumar Mishra took note of the matter and sought clarity on the issue. During the hearing, the Additional Solicitor General, Ms. Aishwarya Bhati, appeared on behalf of the Union of India.
In its order, the Supreme Court explicitly directed:
"We direct that the Union of India shall file a detailed affidavit indicating the establishment and functioning of the Central Mental Health Authority, State Mental Health Authority, and Mental Health Review Board. The affidavit shall also indicate the statutory and mandatory appointments to these authorities and the review board. The said affidavit may be filed by 06.03.2025."
The Court has scheduled the next hearing for March 21, 2025, at which time it will review the affidavit and assess further action.
This directive is a crucial step in ensuring that the Mental Healthcare Act, 2017, is effectively implemented. The Act was designed to:
- Ensure affordable and accessible mental healthcare services for all individuals.
- Protect the rights of mentally ill persons, particularly in institutional care.
- Establish an accountable system through the CMHA, SMHA, and MHRB.
However, delays in establishing these authorities and appointing key officials have hindered the Act’s full implementation. The Supreme Court’s intervention is expected to expedite the process and bring much-needed transparency and efficiency to the mental healthcare framework in India.
Case Details: GAURAV KUMAR BANSAL v. UNION OF INDIA & ORS.|Writ Petition(s)(Civil) No(s). 1496/2018
