Treat PIL to notify 'minimum standards' for mental health establishments as representation: Delhi HC
Oct 12, 2020
New Delhi [India], October 12 : The Delhi High Court on Monday asked the authorities to treat a public interest litigation (PIL) as representation seeking directions to notify "minimum standards" for different categories of mental health establishments as representation and decide on it in accordance with the law and rules as soon as possible.
A division bench of Chief Justice DN Patel and Justice Prateek Jalan, while disposing of the plea, also noted that the draft in this regard is in progress.
During the arguments, the advocate appearing for the Union of India informed the court that the Union Health Ministry has approved the minimum standard as well as regulations and has forwarded the same to the Ministry of Law and Justice, and soon the same will get "notified".
The plea was filed by advocate Gaurav Kumar Bansal, who also sought directions to issue regulations with respect to the manner of making advance directives as provided under Section 6 of the Mental Healthcare Act.
The petitioner, who claimed to be a mental health activist, said that his plea has been filed for providing benefit to various people suffering from mental illness.
He 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, organisation 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.
He 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.
Bansal also apprised the court that various mentally ill people are not providing better care in mental health establishments.
