STAFF REPORTER
GUWAHATI: A division bench of the Gauhati High Court comprising Chief Justice RM Chhaya and Justice Soumitra Saikia has granted time till March 31, 2023, to the Assam government to complete the process for implementation of the provisions of the Mental Health Act, 1987 as well as the Mental Health Care Act, 2017 in the state jails and also to allot necessary budgetary provisions for the same so that the Mental Health Review Boards and Committees start functioning effectively from April 1, 2023.
The bench issued this order after hearing a PIL (55/2017). The petitioners ventilated the grievance that the provisions of the Mental Health Act, 1987 as well as the Mental Health Care Act, 2017 have neither been implemented nor have been followed in Assam, particularly in the Morigaon District Jail, and the mentally ill inmates are kept with the general stream of the jail inmates. On this predominant premise, the present petition is filed wherein the petitioners have also given certain examples of non-implementation of the provisions of the aforesaid Acts. The petitioners have also brought on record, in detail, the discrepancies found in the implementation of the aforesaid Acts. The petitioners have relied upon a consolidated report on the Correction Homes in Assam and have pointed out the discrepancies therein.
The State authorities, by an Additional Affidavit on July 8, 2022, brought on record the fact that the provisions of the Mental Health Act, 1987 and the Mental Health Care Act, 2017 are being implemented and, vide Notification dated 27th June 2022, Mental Health Review Boards have been constituted under the Chairmanship of the respective District & Sessions Judges of Barpeta, Kamrup (M), Cachar, Dibrugarh and Sonitpur districts.
The Advocate General, Assam, has submitted that the functioning of these Mental Health Review Boards and the committees require an earmarked budget, which is under active consideration of the State Government and the same shall be placed before the State Cabinet for its final approval as expeditiously as possible. The Advocate General has also apprised this Court about the fact that the provisions of the aforesaid Acts shall be implemented in toto and this Court may grant some reasonable time to see that the Mental Health Review Boards and the committees start functioning effectively for the implementation of the provisions of the Acts.
The bench observed that in the light of the aforesaid, the prayers made in this PIL are not necessary to be dealt with separately as the provisions of the said Acts are now to be implemented in their true letter and spirit.
With these observations, this PIL stands closed. The bench further observed 'it goes without saying that the petitioners are also at liberty to point out the the discrepancy, if any, to the respective Mental Health Review Board as and when the such discrepancy is noticed by the petitioners.
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