The Punjab and Haryana High Court has expressed serious concern over the failure to fully implement the Mental Healthcare Act, 2017, nearly eight years after it was passed. The court has now directed the Chief Secretaries of Punjab and Haryana, as well as the Chief Secretary of the Union Territory of Chandigarh, to personally examine the issue and file affidavits reporting compliance with the statute and the court's earlier directions.
High Court Flags Years of Delay in Mental Healthcare Act Implementation
According to The Tribune, the court noted that despite repeated orders, the provisions of the Mental Healthcare Act, 2017, have not been implemented as expected from the states of Punjab and Haryana. The court described the situation as a "matter of serious concern."
The directive requires the Chief Secretaries to personally look into the matter and submit affidavits detailing the steps taken to comply with the Act. The Chief Secretary of Chandigarh has also been specifically directed to file an affidavit regarding the constitution of the requisite authorities mandated under the Act.
Court's Strong Words on Non-Compliance
The High Court's order came as it reviewed the progress on implementing the Mental Healthcare Act, which aims to provide mental healthcare and services for persons with mental illness. The court remarked, "It is unfortunate that despite repeated orders passed by this court, the provisions of the Mental Healthcare Act, 2017, have not been implemented in the manner as was expected from the states of Punjab and Haryana."
"It is unfortunate that despite repeated orders passed by this court, the provisions of the Mental Healthcare Act, 2017, have not been implemented in the manner as was expected from the states of Punjab and Haryana." — Punjab and Haryana High Court
What the Mental Healthcare Act Requires
The Mental Healthcare Act, 2017, was enacted to provide for mental healthcare and services for persons with mental illness, and to protect their rights. It mandates the establishment of various authorities and mechanisms at the state and central levels to ensure proper implementation. The court's order highlights that these key provisions have not been fully put in place in Punjab, Haryana, and Chandigarh.
Our Take: Accountability Must Be Personal
In our view, the High Court's decision to seek personal affidavits from the Chief Secretaries is a significant step. By making the top bureaucrats personally responsible, the court is sending a clear message that the mental health of citizens cannot be ignored. Nearly eight years is far too long to wait for the implementation of a law designed to protect vulnerable individuals. This order puts the onus squarely on the state administrations to act, and we hope it leads to swift and meaningful compliance. The health and rights of those with mental illness depend on it.