A division bench expressed surprise at the absence of a mental health authority in the state.
Patna:
The Patna High Court has said that it appears that the mental health of the people and their treatment is the “lowest priority” of the Bihar government, and directed the chief secretary to take all steps to ensure the establishment of a state mental health authority.
A division bench of Chief Justice Sanjay Karol and Justice S Kumar expressed surprise at the absence of such authority in the state.
“It appears that the mental health of a person and the treatment of the needy people, especially in the times of COVID-19, is the least priority of the State Government,” the bench said.
It heard a PIL filed by Akanksha Mavia, seeking a direction to the court to direct the state government to set up a valid and functional mental health authority with compliance with the Mental Health Act, 2017 and start a helpline and counseling facilities Went.
The government had earlier submitted an affidavit on the issue as sought by the bench.
The act deals with the establishment and composition of state authority for people with mental illness. The purpose of the law is to provide them with health services and to protect, promote and fulfill their rights.
The bench observed that “a move to establish the authority began only in 2020, that too with the publication of an advertisement in the newspaper and since then nothing has been done to expedite the process”.
It was also observed that even in the affidavit the time frame within which the process of setting up of Mental Health Authority would be completed was not disclosed.
“Surprisingly, as is now evident from the affidavit filed by the State, the said authority has not yet been constituted … as prescribed under section-45 of the Act,” the bench in its order on February 10 said. said.
It also directed the chief secretary to file an affidavit of compliance, indicating the latest status, before February 25, the next date of hearing.
“We also expect the Chief Secretary, Government of Bihar to indicate the steps taken for compliance with other provisions of the law, deficiencies pointed out by the petitioner in the writ petition and suggestions for proper and effective implementation.” Bench added.
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