Mental health authority to start functioning from September 5: Maharashtra government to HC

The lawyer for the state government said that the GR consisting of new members of the authority was already out. However, the government would come out with fresh GR, which would include both old as well as new names.

On August 23, the bench had sought to know from the state government when the authority under Mental Healthcare Act 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 been “languishing in” Regional Mental Hospital in Thane for 12 years.

The PIL stated 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. The plea also sought implementation of Supreme Court guidelines with regard to mental healthcare homes and mentally ill patients.

Last week, the lawyer for the state government had told the bench that the authority was constituted in 2018. However, the tenure of some of its members had ended due to which there were some vacancies in the body. The court had asked the government to give a time frame by when the authority would be made functional and posted hearing to August 29.

On Monday, Advocate General Ashutosh Kumbhakoni for the state government assured the court that after the GR is issued, the authority would conduct a meeting wherein Dr Shetty would also be invited to share his grievances and the same would be included in the minutes of meeting.

The court then directed the authority to submit a report on its meeting before September 29, when it will hear the plea next.