Delhi HC directs GNCTD to swiftly fill posts for Mental Health Authority

The Delhi High Court has directed the Government of National Capital Territory of Delhi (GNCTD) to take swift action in filling the posts of non-official members of the Mental Health Authority.

The court also instructed that once the Authority is constituted, it should promptly establish the Review Boards as per Sections 73 and 74 of the Mental Health Act.

Additionally, the court also directed that the constitution of the Delhi Mental Health Authority and the Review Boards should not be hindered by the imposition of the Model Code of Conduct due to the upcoming Delhi State Legislative Assembly elections. The petitioners were granted the liberty to revive their petitions if the Delhi Mental Health Authority fails to comply with the court's directions within a reasonable timeframe.

The bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela issued directions while hearing two petitions seeking the establishment of the State Mental Health Authority (SMHA) and District Mental Health Review Boards in accordance with the provisions of the Mental Health Care Act, 2017.

The petitions were filed by activist and practising lawyer Amit Sahni, along with Shreyus Sukhija.

During the hearing, counsel for the GNCTD submitted a notification dated 27.11.2024, in which the GNCTD appointed seven ex-officio members for the constitution of the Delhi Mental Health Authority.

The counsel for the GNCTD informed the court that an advertisement for the appointment of non-official members to the SMHA, as per Section 46(1) of the Act and the Rules, will be issued within the next few weeks.

Regarding the appointment of the Review Boards, the counsel explained that Chapter XI of the Act includes provisions for the Constitution and Composition of the Review Boards. According to Section 73(1) of the Act, the State Authority must constitute the Review Boards through a notification, with the composition detailed in Section 74. The exercise of forming the Review Boards will proceed once the Delhi Mental Health Authority is fully constituted, the GNCTD counsel added.

Taking note of the submissions, the bench directed that the GNCTD take swift action to fill the posts of non-official members of the Delhi Mental Health Authority. Furthermore, the court directed that once the Authority is constituted, it should promptly take steps to establish the Review Boards in accordance with Sections 73 and 74 of the Act.