HC flags lack of awareness on mental health legal aid, seeks early framing of rules
A bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry, hearing a public interest litigation filed by Pushpanjali Trust, noted that Section 27 of the 2017 Act makes it mandatory for magistrates, police officers, custodial authorities, and medical professionals incharge of mental health establishments to inform such persons about their entitlement to free legal services under the Legal Services Authorities Act, 1987.
'It is also informed that no orientation programme for making judicial officers aware of this statutory duty is undertaken by the Chandigarh Judicial Academy or any other institution, including the legal aid institutions,' the court recorded. It directed its registry to inform the Chandigarh Judicial Academy, the State Legal Services Authorities of Punjab and Haryana, UT Chandigarh, and the High Court Legal Services Committee to take appropriate steps to address the gap.
The court also impleaded the central government through the Ministry of Health and Family Welfare as a respondent in the case, directing service of notice to Additional Solicitor General Satya Pal Jain. The ministry has been asked to file its reply within four weeks, specifically clarifying why a Medical Health Review Board has not been constituted under Section 73 of the Act for Chandigarh.
During the hearing, counsel for the states of Punjab and Haryana informed the court that the process of framing rules under the Mental Healthcare Act, 2017, was underway, and sought four weeks to finalise and notify them. The bench granted time and posted the matter for further hearing on September 4.
In compliance with an earlier order, the Punjab government assured the court that documentary proof of deposit of Rs 5,000 in costs would be filed before the next date.
Managing trustee of the petitioner trust, Aditya Rametra, who appeared in person, had emphasised that failure to inform mentally ill persons of their legal rights amounted to denial of statutory protection.
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