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Indian Express
29-07-2025
- Health
- Indian Express
HC flags lack of awareness on mental health legal aid, seeks early framing of rules
The Punjab and Haryana High Court has expressed concern over the lack of awareness among judicial officers, police, and custodial institutions about their statutory duty to inform persons with mental illness of their right to free legal aid, as guaranteed under the Mental Healthcare Act, 2017. 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.
Hindustan Times
21-05-2025
- Health
- Hindustan Times
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.
