Delhi HC Directs GNCTD to Expedite Appointment of Non-Official Members to Mental Health Authority

Delhi HC Directs GNCTD to Expedite Appointment of Non-Official Members to Mental Health Authority

The Delhi High Court has directed the Government of the National Capital Territory of Delhi (GNCTD) to expedite the appointment of non-official members to the Delhi Mental Health Authority.

A bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela emphasized that once the authority is fully constituted, it must promptly establish mental health review boards as required under the Mental Health Care Act.

Clarifying that the ongoing Delhi Assembly elections and the imposition of the Model Code of Conduct should not hinder this process, the court passed the order on December 12 while hearing two petitions advocating for the implementation of the mental health law.

These petitions sought the formation of the state mental health authority and district mental health review boards.

The court noted that on November 27, the Delhi government had appointed seven ex-officio members to the authority but had yet to finalize the non-official members, as mentioned in the notification. The bench disposed of the petitions with directions to the GNCTD to complete the appointments swiftly and ensure the review boards' constitution in line with Sections 73 and 74 of the Act.

The court granted liberty to the petitioners to revive their pleas if compliance was not achieved within a reasonable timeframe.

Advocate Amit Sahni, one of the petitioners, highlighted that the Mental Health Care Act aims to provide comprehensive mental healthcare services and safeguard the rights of individuals with mental illnesses. Fellow petitioner Shreyus Sukhija also sought the authority's constitution in adherence to the law.

The court had earlier directed the Delhi government to appoint seven ex-officio members by November 25 in accordance with the central rules.

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