Mental Health Care Act, 2017: HC tells Punjab, Haryana to notify rules within sixty days
The high court (HC) has come down heavily on the failure of the Punjab and Haryana governments in framing rules for the implementation of mental health care law-- Mental Health Care Act, 2017.
'It is unfortunate to note that even after expiry of 7-8 years since promulgation of the Act of 2017, rules have not yet been notified even by both the states of Punjab and Haryana. Considering the fact that the Act of 2017 is a welfare legislation, both the states are obliged to frame the rules to give effect to various provisions of the Act,' the bench of chief justice Sheel Nagu and justice Sumeet Goel observed when informed that both the states are yet to frame the rules.
The court underlined that in the absence of framing of the rules by both governments, the Act of 2017 will not be able to achieve its objective for which it has been promulgated. 'Since much time has elapsed, this court directs both the states, especially the departments of health and family welfare, to ensure that rules be notified within a period of sixty days,' the court said while seeking a compliance report by July 24.
The court was hearing a public interest litigation filed by Pushpanjali Trust, a welfare society seeking implementation of 2017 Act.
During the hearing, petitioner Aditya Rametra of Chandigarh, in person provided points to be achieved by the implementation of the 2017 Act. He told the court that law provides for the availability of basic and emergency mental healthcare services at all community centres in the state, budgetary provisions for effective implementation, establishment of half-way homes and group homes, educational and training programs for the education of persons with mental illness.
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