State told to ensure compliance with Mental Healthcare Act

In a significant move on mental healthcare infrastructure, the Punjab and Haryana High Court has directed the states of Punjab and Haryana to ensure full compliance with the provisions of the Mental Healthcare Act, 2017. Chief Justice Sheel Nagu and Justice Sumeet Goel have also sought compliance affidavits from the Chief Secretaries of both states by March 28.

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“Considering the urgency of the matter, the states of Punjab and Haryana are directed to ensure compliance with all mandatory provisions of the Mental Healthcare Act, 2017, and file a compliance affidavit before the next date of hearing,” the Bench ordered.

The directive followed a public interest litigation filed by Pushpanjali Trust through petitioner Aditya Rametra, urging the establishment of community-based group homes for persons with mental illness, as mandated under Section 19(3) of the Act. The petitioner also called for a comprehensive policy to be formulated within a set timeframe.

The petition also sought a district-wise survey to assess the demand for group homes. According to the petitioner, such a survey was crucial for robust policy formulation, especially as a large number of people in Punjab and Haryana required residential care, particularly when their primary caregivers were unable to support them.

Referring to “2016-17 National Mental Health Survey” for Punjab, the petition noted the high prevalence of severe mental and substance use disorders, ranging from 0.7 per cent to 7.58 per cent of the population. The survey indicated that many individuals urgently needed facilities like group homes.

The petition added repeated representations and follow-ups by the Pushpanjali Trust to the state authorities since 2019 did not culminate in adoption of concrete steps. Despite several meetings and email reminders between July 2021 and May 2023, the state failed to take action, even after six years since the Act’s enactment.

Citing Section 19 of the Act, the petitioner argued that persons with mental illness had the right to live in the community and must not be institutionalised when community-based support was possible. The legal mandate placed a responsibility on the states to ensure availability of group homes and community living arrangements.