SC adds NHRC to PIL for law on mental health care
A bench comprising Justices P S Narasimha and Atul S Chandurkar asked petitioner Gaurav Kumar Bansal to file an application to make rights body NHRC a party to the PIL filed in 2018.
The bench said the PIL may be transferred to the NHRC for implementing the Mental Healthcare Act, 2017.
Bansal said a committee headed by a former apex court judge could be set up to oversee the implementation.
"We cannot create a parallel mechanism just because the existing system has any flaws," the bench said.
The bench, in the meantime, asked Additional Solicitor General Aishwarya Bhati, representing the Centre, to share its affidavit with Bansal and posted the hearing after three weeks.
The bench had previously said Parliament enacted the Mental Healthcare Act in 2017 which contemplates establishment of "Central Mental Health Authority (CMHA), State Mental Health Authority (SMHA) and Mental Health Review Board (MHRB)".
The top court on March 2 directed Centre to file an affidavit indicating the establishment and functioning of the Central Mental Health Authority, State Mental Health Authority and Mental Health Review Board.
The affidavit was further ordered to show the statutory and mandatory appointments to the authority and the review board.
On January 3, 2019, the apex court issued notices to the Centre, all states and Union Territories on the petition which has claimed that non-implementation of provisions of the Act by the states and UTs was a gross violation of life and liberty of the citizens.
Taking note of an incident, the bench said chaining people with mental illness was violative of their rights under Article 21 of the Constitution, which deals with life and personal liberty, and their dignity cannot be compromised.
The PIL argued persons with mental illnesses were chained in a faith-based mental asylum in Budaun district of Uttar Pradesh in violation of provisions of the Mental Health Care Act 2017.
The court examined the photos of such patients calling it a matter of great concern.
The PIL said chaining a person suffering from mental illness was a blatant violation of a provision of the 2017 Act which says that every such person shall not only have a right to live with dignity but he or she shall be protected from cruel, inhuman and degrading treatment.
Referring to the National Mental Health Survey 2016, he has claimed that around 14 per cent of India's population requires active mental health interventions and around 2 per cent Indians were suffering from severe mental disorders.>
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Time of India
22 minutes ago
- Time of India
Supreme Court issues guidelines to address student suicides and mental health in educational institutions
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Passing a slew of guidelines, the bench said all educational institutions with 100 or more enrolled students should either appoint or engage at least one qualified counsellor, psychologist, or social worker with demonstrable training in child and adolescent mental health. "Institutions with fewer students shall establish formal referral linkages with external mental health professionals," the verdict said. The bench continued, "All residential-based institutions shall install tamper-proof ceiling fans or equivalent safety devices, and shall restrict access to rooftops, balconies, and other high-risk areas, in order to deter impulsive acts of self-harm." All educational institutions, particularly coaching institutes or centres, were asked to refrain from segregating students' batches on the basis of academic performance, public shaming, or assignment of academic targets disproportionate to their capacities. "All educational institutions shall establish robust, confidential, and accessible mechanisms for the reporting, redressal, and prevention of incidents involving sexual assault, harassment, ragging, and bullying on the basis of caste, class, gender, sexual orientation, disability, religion, or ethnicity," the order said. The bench stressed on the need for zero tolerance when it came to retaliatory actions against complainants or whistle-blowers. In all such cases, immediate referral to trained mental health professionals must be ensured, and the student's safety, physical and psychological, should be prioritised, it said. "Failure to take timely or adequate action in such cases, especially where such neglect contributes to a student's self-harm or suicide, shall be treated as institutional culpability, making the administration liable to regulatory and legal consequences," the bench added. All coaching hubs, including Jaipur, Kota, Chennai, Hyderabad, Delhi and Mumbai, were directed to implement heightened mental health protection and preventive measures. The guidelines would apply to all educational institutions, including public and private schools, colleges, universities, training centres, coaching institutes, residential academies and hostels, irrespective of their affiliation. The top court in a separate case took cognisance of suicides in educational institutions and directed the constitution of a National Task Force on mental health concerns of students and prevention of suicides in higher educational institutions. "We may clarify that these guidelines are not in supersession but in parallel to the ongoing work of the National Task Force on mental health concerns of students and are being issued to provide an interim protective architecture in the interregnum," the bench clarified. All states and union territories, as far as practicable, were directed to notify rules within two months mandating registration, student protection norms, and grievance redressal mechanisms for all private coaching centres. The bench directed the Centre to file a compliance affidavit before it within 90 days detailing the steps taken to implement these guidelines and the monitoring systems put in place. It posted the matter for October 27 for receiving the compliance report. Dealing with the unnatural death case, the bench directed that the investigation shall be transferred to the CBI. The CBI director was ordered to ensure immediate registration of case and the investigation being assigned to a team under the supervision of jurisdictional CBI superintendent. PTI Ready to navigate global policies? Secure your overseas future. Get expert guidance now!
India Today
40 minutes ago
- India Today
Deeply distressing: Supreme Court issues guidelines to curb student suicides
The Supreme Court issued a set of 15 guidelines aimed at reducing the rising number of student suicides in educational institutions across India. These include schools, colleges, coaching centres, universities, training academies and court noted that many students are dying by suicide due to academic stress, exam pressure and lack of institutional guidelines call for measures such as mandatory mental health counselling, functional grievance redressal systems and regulatory oversight in all educational "Dedicated mentors or counsellors shall be assigned to smaller batches of students, especially during examination periods and academic transitions, to provide consistent, informal, and confidential support," it directive mandates that all teaching and non-teaching staff in educational institutions undergo mandatory mental health training at least twice a year. This training, led by certified mental health professionals, will focus on psychological first aid, recognising warning signs of distress, responding to self-harm, and proper referral institutions must ensure staff are equipped to sensitively and inclusively engage with students from vulnerable and marginalised communities, upholding a non-discriminatory institutions are required to establish internal committees or authorities to handle complaints related to sexual harassment, ragging and other grievances, and to provide psycho-social support to affected programs for parents, integration of mental health literacy, emotional regulation, and life skills into student activities and the court directed the institutions to maintain anonymised wellness records of the students."Suicide helpline numbers, including Tele-MANAS and other national services, shall be prominently displayed in hostels, classrooms, common areas, and on websites in large and legible print," the bench directions are based on data from the National Crime Records Bureau (NCRB), which reported that 13,044 students died by suicide in 2022, out of a total of 1,70,924 suicides 2001, the number of student suicides was 5,425. The report shows that out of every 100 suicides, 8 were by students. The NCRB also reported that 2,248 students died by suicide due to failure in Supreme Court said these figures highlight systemic gaps that need urgent bench, comprising Justice Vikram Nath and Justice Sandeep Mehta, said that institutional safeguards must be implemented to protect students from psychological distress, academic pressure and lack of court used its powers under Article 32 of the Constitution to issue these directions and stated that the order will remain in force as law under Article 141 until appropriate legislation is enacted by Parliament or state court also noted that the guidelines complement the work of a national task force on student mental health, chaired by retired Supreme Court judge Justice Ravindra S decision came during a hearing in a case involving the death of a 17-year-old NEET aspirant in Andhra Pradesh. The student was preparing for the medical entrance exam at a coaching centre in Visakhapatnam and was living in a hostel. She died on July 14, father asked for a Central Bureau of Investigation (CBI) probe. The Andhra Pradesh High Court rejected the request on February 14, 2024. The father then approached the Supreme Court, which has now ordered the CBI to investigate the case.- EndsTune InMust Watch
Hindustan Times
2 hours ago
- Hindustan Times
Ban on marks-based segregation among key SC guidelines to combat student suicide
The Supreme Court on Friday issued sweeping national guidelines mandating psychological safeguards and regulatory oversight across all educational institutions. The move comes in response to a disturbing rise in student suicides, described by the Court as a 'systemic failure that cannot be ignored.' The move comes in response to a disturbing rise in student suicides, described by the Supreme Court as a systemic failure that cannot be ignored.(AI-generated image) The ruling, delivered by a bench of Justices Vikram Nath and Sandeep Mehta, applies to schools, colleges, universities, private coaching centres, training academies, and hostels. Drawing powers from Articles 32 and 141 of the Constitution, the Court's guidelines are to be treated as the law of the land until formal legislation is enacted. Tragic catalyst The judgment stems from the case of a 17-year-old NEET aspirant, referred to as Ms X, who died by suicide in July 2023 while preparing for medical entrance exams at Aakash Byju's Institute in Visakhapatnam. The Court, responding to her father's petition, transferred the case to the Central Bureau of Investigation (CBI), overturning an earlier dismissal by the Andhra Pradesh High Court. The Court noted that distress among India's youth points to a deeper 'structural malaise' in the country's educational ecosystem. Data from the National Crime Records Bureau revealed that India recorded 170,924 suicides in 2022, with students accounting for 7.6% — approximately 13,044 — of those deaths. Of these, over 2,200 were linked directly to examination failures. Key guidelines issued To combat this crisis, the Supreme Court laid down a set of uniform mental health policies for all educational institutions, based on government frameworks like UMMEED, MANODARPAN, and the National Suicide Prevention Strategy. The key directives include: Mandatory Mental Health Professionals: Institutions with over 100 students must employ at least one qualified mental health professional (psychologist, counsellor, or social worker). Smaller institutions must have formal referral systems to external experts. Suicide Helplines: Helpline numbers, including Tele-MANAS, must be prominently displayed in campuses, hostels, common areas, and websites. End to Performance-Based Segregation: Coaching centres and schools must eliminate batch segregation based on performance, public shaming, and aggressive academic targeting. Staff Training: All staff must be trained at least twice a year in psychological first aid, warning sign identification, and referral mechanisms. Special sensitivity training is mandated for working with marginalised groups including SC, ST, OBC, EWS, LGBTQ+ students, and those with disabilities or trauma histories. Safe Infrastructure: Residential institutions must install tamper-proof ceiling fans and restrict rooftop and balcony access to deter impulsive self-harm. Reporting & Support Mechanisms: Institutions are required to have confidential systems for reporting sexual assault, ragging, and discrimination based on caste, gender, religion, or orientation — with immediate psychosocial support. Holistic Development: The Court urged educational institutions to reduce exam-related pressure by broadening definitions of success, promoting extracurricular activities, and ensuring interest-based career counselling for students and parents. Regulatory mandates The Court also addressed the need for regulatory clarity: These guidelines will remain binding until Parliament or state legislatures enact a comprehensive legal framework. All States and Union Territories must frame rules within two months to regulate private coaching centres and ensure student safety. The Central Government must file a compliance affidavit within 90 days detailing steps taken, coordination with state authorities, and progress made by the National Task Force on student mental health. Focus on high-risk regions Coaching hubs like Kota, Jaipur, Sikar, Chennai, Hyderabad, Delhi, and Mumbai, where intense academic environments prevail, have been singled out for priority mental health interventions and stronger preventive infrastructure.
