PIL in Delhi HC for notifying minimum standards for mental health establishments

NEW DELHI: A PIL has been moved in the Delhi High Court claiming that minimum standards for different categories of Mental Health Establishments, as mandated under the Mental Healthcare Act of 2017,  have not been notified till date.

The petition by lawyer and mental health activist, Gaurav Kumar Bansal, contended that under the Act the minimum standards have to be notified within 18 months of commencement of the statute, but the same has not been done yet.

Bansal said this indicates a "casual approach" on the part of the Centre and the Delhi government with regard to implementation of the Act.

The petition said there are many establishments in the country which claim they can cure or treat mentally ill people through Ayurveda, Yoga and Naturopathy.

  "However, these establishments never register themselves with the Central Mental Health Authority or State Mental Health Authority as required under the Mental Healthcare Act, 2017.

  "Since till date respondent 2 (Delhi government) has neither issued any notification prescribing minimum standards for such establishments nor has clarified whether such establishments shall be treated as mental health establishments, persons with mental illness are finding it difficult to approach such entities," the petition claims.

  He also said that under the Act, every person has the right to make an 'advance directive' which specifies how he/she, suffering from any mental illness, wishes to be cared for and treated or not treated.

However, the regulations for specifying the manner of making the 'advance directive' have also not been notified, the petition claims.

It seeks a direction to the Centre to issue regulations on the manner of making advance directives for treatment as provided under the Act.