High Court asks govt to make State Mental Health Authority (SMHA) functional within 3 months

Kohima Bench of Gauhati High Court has directed the State government to make the State Mental Health Authority (SMHA) functional within three months.
Responding to a petition filed by one Tsipongse Thonger, Justice Songkhupchung Serto and Justice Devashis Baruah noted that Sections 45 and 73 of the State Mental Health Authority Act, 2017 that came into effect on May 29, 2018 provided that every State Government should set up the authority State Mental Health Authority and the Mental Health Review Boards respectively within a period of nine months from the date on which the Act came into force.
However, since nothing tangible had been done for implementation of the provisions of the Act, the petitioner approached the court. In the course of hearing the matter on an earlier date, the court said they were informed that the SMHA was constituted on December 7, 2018 and a copy of the notification issued to this effect was placed before them, but nothing was mentioned about the constitution of the Boards under section 73 of the Act.
The judges said it appeared that though the SMHA was constituted, it was non-functional because the rules that were framed had not been finalised and the fund required had not been created. Therefore, we they directed the State government’s advocate to show instruction when the State Mental health Authority would start functioning.
Thereafter, on February 9, 2022, the government advocate submitted a copy of the resolutions passed in the meeting held on December 21, 2021 of State Mental Health Authority, chaired by Health & Family Welfare (H&FW) principal secretary.
It was mentioned that the State Mental Health Authority would be re-constituted, the Authority would recommend to the State government to appoint H&FW joint secretary and its ex-officio member as its CEO, two Mental Health Review Boards would be constituted and headquartered at Kohima and Tuensang with jurisdiction over all the districts of the State, the notification for registration of State Mental Health Authority would be issued by second week of February 2022 and a bank account of State Mental Health Authority would be opened, for which a grant of Rs 10 lakh might be sought from the government.
Taking note of these resolutions/minutes, the court granted three weeks to the government to translate them into action.
When the matter came up before the court after three weeks on March 2, the government advocate placed before the two judges the instruction he had received from the H&FW deputy secretary through a letter of February 24, 2022.
The instruction stated that for re-constitution of the State Mental Health Authority, an advertisement was issued on December 23, 2021 inviting applications within 38 days and nine applications were received. But the selection committee had to vet the applications for appointment and that the appointment of the H&FW joint secretary as CEO of State Mental Health Authority was also under consideration. So, setting up of two Mental Health Review Boards with headquarters at Kohima and Tuensang and issuance of notification for registration of Mental Health Establishment could only to be taken up after completion of the two process, the court was told.
The judges, however, expressed dissatisfaction over the steps taken by the State government thus far since four years had already passed since the Act came into force.
Therefore, Justice Serto and Justice Baruah stated that they did not have any alternative but to direct the State government to do everything that was necessary to make the State Mental Health Authority and the Boards under it functional within three months with effect from March 2.
They also directed for listing the matter again after three months. They also asked the respondents (State government) to file an affidavit stating that the authorities mentioned were functional effectively.