The bench noted that the law provided for an authority to ensure that its object is fulfilled so the government cannot expect the court to look into the grievances. (Express/File)The Bombay High Court on Tuesday sought to know from the state government when the State Mental Health Authority will be made fully functional in Maharashtra.
A division bench of Justice N M Jamdar and Justice N R Borkar was hearing a PIL seeking implementation of the Mental Healthcare Act, 2017, and investigation into mental healthcare institutions that do not regularly assess the condition of patients to ascertain if they can be discharged.
The PIL, filed by psychiatrist Dr Harish Shetty, highlighted the plight of patients admitted in institutions, including a woman who had languished in Regional Mental Hospital in Thane for 12 years.
It said that implementation of the Act would protect the rights of persons with mental illness and allow them to move mental health review boards to seek discharge. It also seeks implementation of Supreme Court guidelines with regards to mental healthcare homes and mentally ill patients.
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The bench noted that the law provided for an authority to ensure that its object is fulfilled so the government cannot expect the court to look into the grievances.
Justice Jamdar said, “First and foremost, you have to constitute the authority which will be looking into implementing the provisions of the Act. The court cannot be entrusted with this. To start with, there should be an authority. Once this authority is established and performs its task, none of the issues would arise.”
Assistant Government Pleader Manish Pabale told the bench that the authority was constituted in 2018. However, the tenure of some of its members had ended so there were some vacancies. The court asked the government to give a time frame by when the authority would be made functional and posted hearing to August 29.