Suo Motu PIL Initiated to Address Shortcomings in Mental Health Facilities, Directives Issued for Compliance with Mental Healthcare Act, 2017
In a landmark decision, the Patna High Court has taken significant steps to address the critical shortcomings in mental health facilities across Bihar. Acting on its own motion, the court initiated a Suo Motu Public Interest Litigation (PIL) following an inspection report that highlighted several deficiencies in mental health care infrastructure and services. The judgment, delivered by Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar, emphasizes the urgent need for compliance with the Mental Healthcare Act, 2017, and calls for actionable reforms to ensure dignified and effective care for persons with mental illness.
The court's directives cover a wide range of issues, including statutory compliance, infrastructure expansion, free supply of medicines, vocational training, and the establishment of psychiatric wings in prisons. The judgment specifically stresses the importance of periodic review meetings by the Mental Health Review Boards to prevent prolonged institutionalization and safeguard patient rights.
The court has directed the Bihar State Legal Services Authority to establish dedicated "Mano Nyay Legal Services Clinics" to provide free legal aid to patients with mental illness, aligning with the NALSA Scheme, 2024. The judgment also calls for the creation of green belts and improved public transport connectivity to facilitate better access to mental health facilities.
Authorities have been urged to address the areas of concern highlighted by the Amicus Curiae, which include the establishment of Intensive Care Units, community outreach programs, and the expansion of supported community accommodations. The judgment underscores the need for integrated mental health services within educational institutions and comprehensive public awareness campaigns to destigmatize mental health issues.
The court has set a timeline for the submission of detailed reports from various state departments and agencies, including the Health Department, Police, and Prisons, to ensure effective implementation of the directives. The judgment signifies a pivotal step towards transforming Bihar's mental health care system and ensuring compliance with national standards for mental health care.
Bottom Line:
Mental Healthcare Act, 2017 - Court initiated Suo Motu Public Interest Litigation based on an inspection report highlighting shortcomings in mental health facilities in Bihar. Focused on compliance with statutory provisions, establishment of necessary boards, treatment facilities, rehabilitation measures, and addressing areas of concern with actionable directives.
Statutory provision(s): Mental Healthcare Act, 2017 Sections 73, 82, 100, 103, 18, 19, 20, 30, 33, 62, 64, 85, 86, 87, 89, 90, 27, 115, 123, NALSA Scheme, 2024
