DHC Directs GNCTD To Expedite Filling Of Posts For ‘Mental Health Authority’

Delhi Mental Health Authority

The Delhi High Court has instructed the Government of National Capital Territory of Delhi on Thursday to expedite the appointment of non-official members to the Delhi Mental Health Authority.

Once constituted, the Authority must swiftly establish Review Boards as mandated by Sections 73 and 74 of the Mental Health Care Act, 2017.

The court emphasized that the formation of the Delhi Mental Health Authority and Review Boards should not be delayed by the imposition of the Model Code of Conduct during the upcoming Delhi State Legislative Assembly elections. The petitioners were granted permission to revive their petitions if the GNCTD fails to act within a reasonable timeframe.

A bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela issued these directions while hearing petitions filed by activist and lawyer Amit Sahni and Shreyus Sukhija. The petitions sought the establishment of the State Mental Health Authority (SMHA) and District Mental Health Review Boards as outlined in the Mental Health Care Act.

During the hearing, GNCTD’s counsel presented a notification dated November 27, 2024, confirming the appointment of seven ex-officio members to the Delhi Mental Health Authority. The counsel also informed the court that an advertisement to recruit non-official members under Section 46(1) of the Act would be released in the coming weeks.

Regarding the Review Boards, the counsel explained that Chapter XI of the Act governs their constitution and composition. Section 73(1) mandates the State Authority to establish Review Boards via notification, and Section 74 specifies their structure. The GNCTD assured the court that these Boards would be formed as soon as the Delhi Mental Health Authority is fully operational.

Taking note of these submissions, the court directed the GNCTD to act promptly in appointing the non-official members and to ensure the timely establishment of the Review Boards in accordance with the Act’s provisions.

This directive highlights the urgency of implementing the Mental Health Care Act to strengthen mental health governance and services in Delhi. By prioritizing the constitution of these bodies, the court aims to address the critical need for robust mental health infrastructure in the capital.