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Supreme Court Transfers 2018 Mental Health PIL to NHRC for Monitoring

The rights body will track compliance with the Mental Healthcare Act by seeking responses from central as well as state authorities.

Overview

  • A bench of Justices P. S. Narasimha and R. Mahadevan ordered the writ to be renumbered as an NHRC complaint for monitoring and disposal as per law.
  • The Court recorded the Centre’s affidavit stating that the Central Mental Health Authority, State Mental Health Authorities and Mental Health Review Boards have been constituted.
  • NHRC was directed to issue notices to the statutory bodies and ensure states that have not set up the required authorities comply and function effectively.
  • The 2018 PIL by advocate Gaurav Kumar Bansal cited alleged chaining of persons with mental illness at a faith-based facility in Budaun, Uttar Pradesh, as a breach of statutory protections and dignity.
  • The bench underscored that chaining people with mental illness violates Article 21, while the petitioner referenced the National Mental Health Survey 2016 indicating substantial unmet mental health needs.