Delhi High Court and Mental Health Regulations

New Delhi: The Union Ministry of Health and Family Welfare on Friday informed the Delhi High Court that the Central government has notified the "minimum standards for different categories of mental health establishments and regulations on advance directive".

The Centre has responded to the Public Interest Litigation (PIL) stating that the Government of India and the Delhi Government have not notified or issued any regulations regarding the minimum standards for different categories of mental health establishments and regulations on advanced directives.

Also Read: PIL on Minimum Standards At Mental Health Establishments: Delhi HC asks Govt reply

However, Petitioner Gaurav Kumar Bansal, Advocate and Mental Health Activist informed the Court that there are some irregularities in the said notification dated December 18, 2020.

The Division Bench headed by Chief Justice of Delhi High Court provided the liberty to the petitioner to challenge the same in accordance with law of the land before concerned authorities.

The High Court had earlier sought the response of the Centre and other respondents on the delay in implementation of provisions of the Act.

The petitioner, Gaurav Kumar Bansal, a practising lawyer stated that the same plea was earlier too filed by himself which was disposed of by the High Court with the direction to respondents to treat the PIL as representation and decide it in accordance with the law and rules as soon as possible.

However, even after passing of more than a month, respondents have failed to issue the "Regulations" (with respect to the making of the advance directive) and "Minimum Standards" (with respect to Different Categories of Mental Health Establishments) as provided under Section 6 and Section 65(6) of the Mental Healthcare Act, 2017, respectively, the fresh Plea stated.

The plea submitted the mental health establishments means any health establishment, including Ayurveda, Yoga, and Homoeopathy establishments, either wholly or partly meant for the care of persons with mental illness, established owned, controlled or maintained by the appropriate government, local authority, trust whether a private or public corporation, co-operative society, organization or any other entity or person, where a person with mental illness are admitted.

But it does not include a family residential place where a person with mental illness resides with his relatives or friends, the plea said.

The plea submitted that Section 65(6) of the Mental Healthcare Act, 2017 bounds the respondents to notify the minimum standards for different categories of mental health establishments within 18 months from the commencement of the Mental Healthcare Act, 2017.

Also Read: No regulations yet on minimum standards for categories of mental health establishments: PIL in HC