Responsibility of authorities to inform persons with mental illness about their right to free legal aid
Ensuring Awareness and Implementation of the Mental Healthcare Act, 2017, Section 27
In a notable decision, the Punjab and Haryana High Court has reinforced the rights of persons with mental illness under the Mental Healthcare Act, 2017, specifically emphasizing the statutory duty to provide legal aid and the constitution of a Mental Health Review Board. The judgment, delivered by a bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry, addresses significant gaps in the enforcement and awareness of the provisions of this pivotal Act.
Strengthening the Right to Legal Aid
The cornerstone of this judgment lies in the court's interpretation of Section 27 of the Mental Healthcare Act, 2017. This section explicitly mandates that individuals with mental illness are entitled to free legal services to exercise their rights under the Act. The court has underscored the responsibility of magistrates, police officers, and custodial institutions to inform these individuals about their right to legal aid.
This directive is not merely a procedural formality but a vital step towards ensuring that persons with mental illness can access justice and exercise their rights. The court has recognized the lack of awareness and training among judicial officers and legal aid institutions regarding this statutory duty. Consequently, the Registry has been directed to inform relevant bodies, including the Chandigarh Judicial Academy and the State Legal Services Authorities of Punjab, Haryana, and Chandigarh, to organize awareness programs and ensure compliance.
Addressing the Absence of the Mental Health Review Board
Another critical aspect of the judgment pertains to the constitution of the Mental Health Review Board, as mandated by Section 73 of the Mental Healthcare Act, 2017. The court noted the absence of a notification by the Government of India for establishing this board in the Union Territory of Chandigarh. This board is essential for reviewing the decisions regarding admission, treatment, and discharge of individuals with mental illness, thus safeguarding their rights and liberties.
The High Court has taken a proactive step by impleading the Union of India through the Ministry of Health and Family Welfare as a party to the petition. The court has directed the Union to file a reply or affidavit explaining the delay in notifying the constitution of the Mental Health Review Board. This move signifies the court's commitment to ensuring that the provisions of the Act are not merely theoretical but are implemented in practice.
Implications and Way Forward
This judgment is a significant step towards strengthening the legal framework for the protection of persons with mental illness in India. By emphasizing the right to legal aid and the necessity of the Mental Health Review Board, the court has highlighted the importance of implementing the provisions of the Mental Healthcare Act, 2017 in letter and spirit.
For effective realization of these rights, the judgment calls for immediate action from various stakeholders, including judicial officers, legal aid institutions, and government bodies. Awareness programs and training sessions will play a crucial role in bridging the gap between the law and its implementation.
In conclusion, the Punjab and Haryana High Court's judgment is a landmark in advocating for the rights of persons with mental illness. It not only reiterates the legal obligations under the Mental Healthcare Act, 2017 but also sets a precedent for other jurisdictions to follow. As this case progresses, it will be essential to monitor the responses from the Union of India and the subsequent steps taken to address the court's directives. This decision is a beacon of hope for advancing mental health rights and ensuring justice for one of the most vulnerable sections of society.
Pushpanjali Trust v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2757027
