Court emphasizes statutory duty of State Mental Health Authorities and mandates production of annual reports to uphold mental healthcare rights
In a significant ruling on September 15, 2026, the Punjab and Haryana High Court underscored the imperative of full compliance with the Mental Healthcare Act, 2017 by the States of Punjab, Haryana, and the Union Territory of Chandigarh. The Division Bench, comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, addressed a Public Interest Litigation (CWP-PIL-110-2024) filed by the Pushpanjali Trust, focusing on the delayed and incomplete implementation of the Act's provisions concerning the establishment and functioning of State Mental Health Authorities.
The Court observed that although the Mental Healthcare Act, 2017 came into force on May 29, 2018, the States have not fulfilled their statutory obligations under Sections 45, 55, and 64 of the Act. Section 45 mandates the establishment of a State Mental Health Authority within nine months from the President's assent to the Act, tasked with overseeing mental healthcare services and ensuring compliance with the Act. Section 55 details the Authority's formation and functions, while Section 64 requires the preparation and submission of annual reports by these Authorities.
The Court noted that the State of Punjab had filed an affidavit acknowledging the approval of the requisite rules by the Central Government but highlighted that these rules had not yet been notified due to pending legislative procedures, referencing Section 121(2) of the Act. The Court found this procedural delay contrary to the statute's requirements and expressed concern that the formation of the State Mental Health Authorities had become a mere formality rather than an effective mechanism to protect mental healthcare rights.
Reiterating the critical importance of the Act as a Parliamentary legislation designed to safeguard the mental health rights of citizens, the Court directed the States of Punjab and Haryana to submit the annual reports of their respective State Mental Health Authorities without delay. Furthermore, the Chandigarh Administration was given a four-week deadline to constitute the Mental Health Authority and make all necessary institutions functional under the Act.
The Court emphasized the need for "due sensitivity" and proactive measures by State officials to ensure effective implementation and compliance. It stressed that the Authorities must be capable of discharging their statutory duties to guarantee the availability of effective mental healthcare services to the public.
The matter has been listed for further hearing on October 5, 2026, to review compliance and progress in implementing the directives.
This judgment serves as a crucial reminder to State Governments and Union Territories about their legal obligations under the Mental Healthcare Act, 2017, reinforcing that mental health rights are statutory rights requiring active protection and administration.
Bottom Line:
Implementation of the Mental Healthcare Act, 2017 - State Governments and Union Territories directed to ensure compliance with statutory provisions, including the formation and functioning of State Mental Health Authorities as mandated under the Act.
Statutory provision(s): Mental Healthcare Act, 2017 Sections 45, 55, 64, 121(2)
Pushpanjali Trust v. State of Punjab, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2981445
